Criminal behaviour orders: A practitioner case study
My experience
I retired from policing in 2021 having spent thirty years in a variety of roles and locations including front line response work, neighbourhood policing and intelligence work.
Woven into this were two periods of being an ASB Co-ordinator in Lincolnshire.
As with most practitioners with a fair amount of experience in this field I have worked in this role both before and after the implementation of the ASB, Crime and Policing Act, in 2014.
Find our more about Mark’s experience here.
The introduction of the ASB, Crime and Policing Act
It is true to say that, as with every fundamental change in practices and laws, the different ways we were to respond and deal with incidents of anti-social behaviour proved to be a little trickier than we had at first hoped.
Initially, there was optimism when realising the more obvious impact of having less options to choose from when considering our response.
Out went ASBO and CRASBO, in came civil injunctions and criminal behaviour orders, accompanied by various other alterations. There was a feeling that common sense was prevailing, allowing practitioners, and most of all, victims, to benefit from this streamlined approach.
However, this soon gave way to a protracted period of inevitable training, errors and rejected applications concerning every piece of new processes. It is thankfully true to say that after this period, processes, practices and protocols became less clunky as people became more familiar with them. I am very much an advocate of using the new legislation, which although not perfect, has nonetheless produced some excellent examples around the country. Practitioners have used the new tools and powers not only in the routine rudimentary way but also in imaginative innovative ways to act as an accomplice to existing tried and tested methods of community safety.
Here is a short snapshot of an experience I had with requesting and implementing a CBO and some of the methods used and types of issues it was used to try and resolve.
Case study: Major rise in shop theft incidents
In my first year of my second period as an ASB Officer, I noted a meteoric rise (63 %) in organised shop theft where stores were targeted by prolific thieves, often who had an entrenched drug/alcohol habit. What was also apparent, was these not only coincided with a similar rise in drug incident (using and dealing), firearms and knife incident reporting and intelligence, but the shop theft reports themselves reported a high use of violence/threats of violence towards staff and shoppers. I went to a Shop Watch meeting in the town and explained what I wanted to try and do to combat this three-pronged problem (volume crime, drugs, weapons/community harm problem).
I introduced everyone at the meeting to the concept of CBOs and explained how I was proposing to use them to tackle this problem. I had already begun to take statements from residents and shopkeepers who had direct experience of the offences but also of how much the incident really affected them. I explained I would like eight names of the most prolific perpetrators and those with the highest tendency to be violent. Within minutes I had a list of names. I explained that we needed highly focused attention on these people and that we all needed to use the Shop Watch radio channels whenever we had sightings and submit reports whenever we obtained information on them.
In the meantime, either I personally, or PCSOs from our beat teams would visit each victim/shop worker and take statements of loss of the property and a separate statement on just how this made them feel in a general sense. I had trained the police colleagues on the essential elements of loss but also to demonstrate the impact in terms of harassment, alarm and distress this had generated.
This yielded some powerful evidence. For example, some witnesses said they had been required to resign because the shop they were working at had been repeatedly targeted by thieves and the owners could no longer afford to keep them on. Some lost their Christmas bonus meaning they could not afford Christmas presents for their partners and children.
I had statements from tourists who had witnessed fights between drug addicts over stolen property and this had prompted them to not visit the town again.
I had a statement from the community beat manager and the beat Sergeant showing how this had impacted their policing plan and the general impact on residents and the community.
I had statements from shoppers threatened with knives (one had a pot of paint thrown at his young daughter and another was threatened to have his wife assaulted).
I now had a template of eight or nine statements of evidence as well as my own, demonstrating the link with the offences of shop theft and the causation of harassment, alarm and distress to individuals and the community as a whole.
I then added this to the bundle of evidence within the index offence and the application for a criminal behaviour order on conviction for that index offence.
This was used to accompany the same type of behaviour that the individual had exhibited in previous offending, showing a continued course of conduct. Additionally, we could go back to October 2013 on application, as when the act became law it was decided to be able to use anecdotal evidence from 12 months prior to the application for the CBO in question.
I first tried this at court in late 2016 but it was only after repeated failed attempts that in February the following year, we got our first shoplifting criminal behaviour order.
Positive requirements were essential within the order, since a landmark case involving a female urinating repeatedly in York Cathedral and subject to a CBO application where the application was refused on the grounds that there was no provision whatsoever for them to address their behaviour.
Another thing to be wary of is the similarity in wording of harassment, alarm and distress when considering the wording of public order legislation. However, in mind of the judgement of R V D. Bonner and others, where the Judge determined that whilst they are the same, it is not grounds for not implementing, granting or policing the CBO.
It was apparent with my applications that many of those involved had an entrenched drug habit and so on liaising with Public Health England, it was stipulated that each person would be banned from shop premises with the exception of one agreed premises (said business had to agree to this) and one premises to allow entry for collection of prescribed medication.
All communication was constant between partners (businesses, police, crime prevention and myself). Police systems were constantly monitored for those on a flagged watch list for CBO applications and for those that went on to breach them and I was alerted if there was any relevant incidents.
In the vast majority of cases CBOs stopped or altered the offending. Those that carried on offending but outside of the exclusion area were subject to addendum applications where the application saw a widened field of exclusion (in two instances, the area was extended to cover the entire East Midlands).
The results
This operation ran from 2017 until I retired in 2021 and resulted in the first 18 months of operation in a 68% reduction in shop theft (5% below norm).
24 successful CBO applications for shop theft.
Written trust and confidence back into local policing from shoppers, businesses and tourists.
Reduced drug use, working closely with rehabilitation, probation and the courts (where I regularly attended at least two times every week up until retiring). On occasion, I came across real success stories; one female won the right to have her children back to live with her after intensive work by community safety partners on their drug use which stopped altogether.
The evidence gleaned from this initial enquiry proved pivotal to demonstrate the link between ASB, volume crime and serious and organised crime when I was asked to show this through my application for CBOs against three separate gangs bringing drugs into our County. I produced a lengthy statement to explain my methodology to the Crown Court Judge in each of the 23 applications which were accepted and were successful in that they drastically reduced the ability of the gangs to reform, communicate and act in the way they had previously conducted their criminal business model.
This is exactly the kind of way innovation and thinking outside of the box can achieve results and supports the evidence-based policing mantra of ‘getting more bang for your buck’ in terms of partnership working and community support.
Conclusion
Having gained more confidence in this field I ran through some ideas I had in terms of dealing with prolific offenders with my council ASB Officer counterpart and our Police Force legal team.
I firmly believe that CBOs can and do work. Yes, it takes a lot of effort, but when you end up with these kinds of results, which mirror lots of other examples across the country and like me, you end up being telephoned by prosecutors suggesting that we go for a CBO, you realise that former opposition can be a thing of the past.
Need advice on a case? Get in touch!
The heroes in our communities
As part of ASB Awareness Week 2024, we want to highlight the important role that community heroes play in making our communities a safer place to be.
We have teamed up with Neighbourhood Watch to share some stories where Neighbourhood Watch volunteers tackled anti-social behaviour in their communities.
Chester community strikes back
A small community in a fairly new development were having issues with loitering, drug dealing, loud music, loutish behaviour and youths being disruptive. The local Neighbourhood Watch coordinator looked into ways to reduce this from happening, as it was specifically in an area of unused land at the end of a cul-de-sac.
They decided to use the land for positive uses and hold a community picnic. So, the day came, and residents made their way to the location and joyfully enjoyed playing games and eating and socialising with each other.
The disruptive youths headed to the area and found that something was happening and had no choice but to walk away. The residents decided this was a great way of taking positive action but also knew that a picnic everyday was not sustainable. So, they looked into ways that the land could be used better. They engaged with Chester Zoo, made a hedgehog highway, used it for fitness classes etc and so the ASB stopped.
Local scheme disrupts ASB in park
Litter, youths making mischief, drugs, misuse of play equipment etc led local children and families to avoid using the park. The local Neighbourhood Watch coordinator decided that enough was enough and looked into ways that could make it better for the residents of the council estate. They knew the most active times were late afternoon and early evenings. Discussions with the council and local police helped determine what action could be done. The Neighbourhood Watch coordinator started locking the park when it started to get dark, with a padlock and chain supplied by the council and overnight there was a huge difference. In fact, the difference was an 80% reduction in ASB, and the impact was that families and children started using the park. There was less litter and glass, and the park was tidier than before.
The Community Safety Charter
The CSC seeks to support people to recognise a crime, encourage people to report, take positive actions and support victims. It covers topics such as harassment, hate crime, anti-social behaviour, bystander intervention, dealing with confrontation and how you can be the change in your own lives.
Using their modules, people will be able to see how they can identify the behaviours, intervene, report and support victims to access the help that they need.
Please find out more about the aims and successes of the CSC by visiting their page www.ourwatch.org.uk/charter.
Our thoughts
We know from conversations with victims how important community is to tackling anti-social behaviour. Building a sense of belonging and connection within communities is a great way to strengthen the relationships between neighbours and encourage positive engagement.
It is wonderful to see local initiatives supporting the work undertaken by statutory agencies in tackling ASB. These case studies demonstrate the pride many of us still have in our communities, and that community spirit is often another tool to tackle ASB on our doorsteps.
If your community is being impacted by anti-social behaviour and you don’t know where else to turn, please get in touch.
From harm to hope: A firsthand account of accessing an ASB Case Review
Introduction
As a charity that champions the victim’s voice, we are privileged to have many conversations with individuals with lived experience of anti-social behaviour. We know from reports such as that from the Victim’s Commissioner: Still Living a Nightmare, how important the ASB Case Review is for giving victims a voice.
Below is a first-hand account from an individual who accessed an ASB Case Review due to experiencing persistent anti-social behaviour. It is important to note that sometimes, ASB can be a result of an individual with complex needs not receiving appropriate care. In these cases, it is unfortunate that both parties suffer consequences.
What led you to apply for an ASB Case Review?
Me and my partner bought a semi-detached bungalow in July 2022. On the first morning we were woken up at 6am by our neighbour screaming, banging and crying in distress. We had no idea what was going on. Over the next few days, the disturbances became more frequent, happening at all hours of day and night, every single day.
We went round to our neighbour’s house and were greeted by two carers who explained that our neighbour was mentally disabled. They told us that the previous owners of our home had sold the house after 20 years due to the noise from this neighbour. It was clear that our neighbour was in an inappropriate setting for her care needs to be met.
We knew this was going to have a major effect on our lives, so we documented and logged incidents from day one.
We submitted complaints to the care agency that housed our neighbour, who told us that she had just moved in and was settling down (she actually moved in a year prior). We had dozens of meetings with the care agency, the NHS and local ASB team to try and resolve this issue. However, nearly a year later, the problem remained unsolved. So, we requested an ASB Case Review.
What impact did this ASB have on your life?
During the time, we could not escape it. We were sleep deprived. We tried ear plugs and noise cancelling earphones, but they didn’t help.
We couldn’t go a few hours without jumping out of our skin, due to loud crashing and banging. We could never relax; we were in a constant state of fear for what was to come.
“We were in a constant state of fight or flight.”
We had bought the bungalow so I could start a studio to expand my business, but I couldn’t do that for fear my clients would be harassed and feel unsafe.
I was often too overwhelmed, stressed, tired and anxious to concentrate on work, so I lost income and ended up being signed off work, causing financial worries. Me and my partner were both depressed and stressed, which added a heavy load to our relationship. We wanted to start a family, but there was no way a child could ever live in that environment, so our dream of having children was slipping away day by day.
Which agencies were involved in your case?
Leading up to the ASB Case Review, we contacted our local environmental health team, our neighbours care agency, our local ASB team, and the NHS.
I tried to get help from anyone that would listen. I sent out a load of emails, and then our local ASB team emailed back. It was the first time somebody actually listened and was actually concerned and wanted to help.
I was often too overwhelmed, stressed, tired and anxious to concentrate on work, so I lost income and ended up being signed off work, causing financial worries. Me and my partner were both depressed and stressed, which added a heavy load to our relationship. We wanted to start a family, but there was no way a child could ever live in that environment, so our dream of having children was slipping away day by day.
How did you learn about the ASB Case Review?
We didn’t learn about the ASB Case Review until about a year into experiencing the anti-social behaviour. It was through our local ASB team that we learned about it.
What was the outcome of the ASB Case Review?
At the ASB Case Review, me and my partner provided a victim impact statement explaining the impact that the situation had on our health and well-being. There were about 20 different practitioners at the review. They finally listened.
Thankfully, there were changes after a few days. Our neighbour was relocated to a home which would better meet her care needs.
What is something you wish victims knew about the ASB Case Review?
I didn’t know anything about the ASB Case Review. People experiencing ongoing anti-social behaviour should be made aware of the ASB Case Review. It can be a lifeline for people like me who are at rock bottom. It gives them hope.
Our thoughts
We often hear about cases like these which involve the individual perpetrating the ASB having complex care needs. This can sometimes make practitioners feel lost as they hesitate to use traditional ASB tools and powers to resolve the issue. In these cases, agencies have a duty of care to both the perpetrator and the victim of ASB. That is why it is vital that health agencies are involved, to ensure that both parties are supported appropriately.
If you are being impacted by anti-social behaviour, please get in touch for free advice.
Partnership working: A closure order case study
As part of partnership day in ASB Awareness Week, we want to share a case study around a closure order that took place in Nuneaton and Bedworth. This case study demonstrates the importance of effective partnership working for victim (and perpetrator) outcomes.
Thomas Venus, an Anti-Social Behaviour Officer, shares his case study with us:
The case study
In October 2023 I was involved in a case of anti-social behaviour that escalated very quickly in a short space of time. The initial report came in that there was a high volume of visitors to a particular flat in the block and cannabis use in the flat. I visited the complainant who provided further information that motorbikes were being stored in the communal corridor and the police had attended on at least one occasion to seize one of these bikes as they were stolen.
I sent an initial ASB warning letter to the tenant and planned to visit them in a weeks’ time to discuss the concerns. However, before this visit could take place it escalated to multiple aggravated burglary incidents in the Nuneaton area. Each incident the police traced the suspects back to the flat and it resulted in at least two ‘police sieges’ of the block whereby armed Police Officers surrounded the block and arrested individuals involved. On the third occasion, the tenant was arrested on suspicion of involvement in an aggravated burglary and being arrested in possession of a claw hammer. CCTV also captured multiple males entering the block and going to the flat in open possession of machetes. The situation was escalating and causing significant ASB in the locality with a large commitment of police resource. Other residents also had to be evacuated from the block due to the risk of the unknown males inside the flat who had barricade themselves in prior to police forcing entry and making multiple arrests.
Due to the significant impact on other residents in the block, the weapons clearly seen, and serious risk of harm I did two things in liaison with Warwickshire Police:
- The complainant who supplied the CCTV footage was moved urgently. I applied for an urgent management move and they were moved away from the block so they could safely provide the CCTV which when shown to the suspects would identify who had provided the footage. Some of the suspects were also remanded into custody so were facing potential length sentences.
- I immediately secured the flat with SITEX to control access on the front door as it was a top floor flat. Contact was immediately made with the tenant and her direct next of kin with her permission. The tenant themselves had been clearly involved in the ASB to some extent however had been admitted to a ward for support with their mental health. They stated they had no intention to return to the property, but it had clearly gotten out of control. I made contact with the tenants Social Worker and explained the situation and all parties were in agreement that supported living would be the best way forward.
I then immediately prepared an application for a full closure order of the property. I had been collecting the evidence as I went along which made submitting the application much quicker. I worked with Anthony Collins law firm from Birmingham with permission of my line management.
The key was liaising with our Housing Solutions Team who are our Homeless Team, as in theory I would be making the tenant homeless for three months. They would hold a social housing tenancy but would not be permitted access to live back at the property for a minimum of three months. I could also extend this to six months.
Due to the nature of closure orders, Anthony Collins liaised with the court to book a hearing date in and then we worked backwards and served the closure notice 48 hours prior to the closure hearing. This involved the use of a process server to serve the paperwork on the tenant in court and a copy supplied to her mother who she had named as her advocate.
Due to the tenant’s vulnerabilities we had to ensure the Equality and Impact Assessment and Public Sector Equality Duty Review was extensive – which I ensured it was in this case. Despite the vulnerabilities of the tenant the serious impact of the ASB was causing huge disruption and excessive police resource to police over a three week period in 2023. It clearly could not be allowed to continue. However, due to the high number of people involved, individual Injunctions on each person would have been ineffective and too slow to stop the problem. They also had a high risk of being breached with the property remaining insecure.
I therefore went for a full closure order which served the purpose of stopping the ASB immediately in its tracks. It also gave breathing room for the other residents in the block. I was able to safely move the Witnesses who provided the CCTV to another Property on a permanent basis. This ended up in positive results for the Police as victims/witnesses were not scared to come forward as they were no longer in the locality. In addition, I supported the perpetrator (tenant) in this case to receive support through Adult Social Care, Mental Health and by liaising with the family.
Read more about the case here: https://www.coventrytelegraph.net/news/local-news/notorious-council-flat-troublespot-closed-28160576
Our thoughts
This is an excellent example of the correct use of closure orders to nullify a range of anti-social and criminal incidents that were having such a detrimental impact on not only individuals but on the wider community.
Incidents like this not only demonstrate the wide ranging and devastating nature of anti-social behaviour but also the power of the legislation developed to tackle these issues when used effectively. It also helps to show the benefits of community collaboration.
Everyone from victims, to witnesses, to local agencies all working in partnership with one common aim: making communities safer.
ASB Case Review workshop with Merseyside PCC - 23/06/21
Helping victims of ASB to get the right response
More than 30 community safety organisations will receive training today to ensure victims of anti-social behaviour get the right response, thanks to the region’s Police Commissioner.
Emily Spurrell has united with charity ASB Help to run the online workshop today (Wednesday 23rd June) which aims to increase awareness and understanding of the ‘ASB Case Review’.
The ASB Case Review, also known as the ASB Case Review, was introduced in 2014. It is a legal tool which gives victims of persistent anti-social behaviour the right to demand that local agencies review their response.
A member of the public can request a ASB Case Review from their local council if they have reported three incidents of anti-social behaviour in the preceding six months, and they feel further action is needed to resolve their case. Anyone can activate the community trigger, including practitioners, with the consent of the victim.
Once a ASB Case Review is activated, the local council must notify the other organisations involved, including the police, local health teams and registered providers of social housing, and hold a multi-agency case review, which sees all the various agencies come together to identify actions that can be taken to resolve the case.
If a victim is not happy with the response, they can appeal to the Police Commissioner who will examine the case review and may ask the agencies to conduct a further review of their case.
Today’s virtual training will be led by ASB Help’s Chief Executive Rebecca Brown, and is due to be attended by 33 representatives from partner organisations, including each of the region’s five Local Authority community safety partnerships, Merseyside Police, Merseyside Fire and Rescue and a host of housing associations and community organisations.
Merseyside’s Police Commissioner Emily Spurrell said: “The ASB Case Review was brought in seven years ago to give victims of persistent ASB who feel nothing is being done and no-one is listening, the chance to get answers.
“Yet sadly, this important legal tool is still little known and little understood. I wanted to change that here in Merseyside, so that all the agencies involved in the process know how it should be used and feel confident promoting it to victims in their area.
“Anti-social behaviour is often, wrongly, viewed as ‘low-level’, but for victims who are repeatedly and persistently targeted it can have a hugely damaging effect, leaving people too scared to leave their front door and even afraid while they are inside their own home. It causes fear, stress, anxiety, depression. People who are subjected to this type of treatment deserve to get help and, if it isn’t forthcoming, they deserve to know why.
“I hope by running this training event today, more people will be able to come forward and get answers promptly and proactively. Crucially, I hope it will give more victims the confidence to come forward if they are suffering.”
ASB Helps’ Rebecca Brown said: “The community trigger is an essential mechanism for both victims and practitioners. It enables victims to use their voice and explain clearly the harm being caused to them and give their opinion on what a resolution would look like. For practitioners, it gives them back some control to raise the profile of a case and collaborate with community stakeholders to create an action plan to resolve it.”
Organisations were also invited to take ‘The ASB pledge’ – a six-point commitment which asks agencies to promote awareness of the ASB Case Review, ensure their process is accessible and inclusive and puts the victim first
Dyfed Powys Police successfully implemented their problem solving methodology OSARA to these cases which provided positive results
Dyfed Powys Police successfully implemented their problem solving methodology OSARA to these cases which provided positive results.
Case Study 418 - Closure Order
Case Study 416 - Criminal Behaviour Order
Case Study 414 - Civil Injunction
"Murdered by a mob" - the tragic story of Bijan Ebrahimi
https://www.channel5.com/show/murdered-by-a-mob/
Every ASB practitioner should watch this documentary urgently. ASB Help are gravely concerned to report that we are working with current vulnerable victims who are suffering similar racially aggravated anti-social behaviour to what Mr Ebrahimi did. These victims are being failed by the agencies who should be protecting them. We hope these agencies will consider the lessons this documentary offers, reflect on their conduct and take urgent steps to protect victims before another avoidable death occurs.
Read the multi-agency learning review following the murder of Bijan Ebrahimi here:
Multi-agency learning review following the murder of Bijan Ebrahimi
A good example of practitioners using the ASB Case Review...
ASB Help are very proud of PS Wyn Jones of Northamptonshire Police for being the first police officer we know of to activate the ASB Case Review for a case of anti-social behaviour in his area. PS Jones recognised the benefits of the ASB Case Review and by invoking it himself, the case is being managed collaboratively by every partner agency in the area promptly and proactively. Be ahead of the curve and follow in the footsteps of PS Jones.
Join our ASB Pledge here
Learn more about the ASB Case Review here
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
Good Initiatives; On the beat and getting results:
Many people call for visible police patrols in their local community to try and improve community safety. In Weymouth, two uniformed officers have been doing exactly that.
Weymouth and Portland Borough Council worked with Dorset police, British Transport Police, Dorset County Council and the Dorset Police and Crime Commissioner to set up Community Safety Accreditation Scheme, which employed specially trained officers to help reduce Anti-Social Behaviour. The training issued was thorough and included security checks, body armour and training to enable them to carry out police and council enforcement powers, such as enforcing the Public Space Protection Order. The Public Space Protection Order gives officers certain powers such as being able to place restrictions on individuals that persistently commit anti-social behaviour.
Since January 2019, the officers have issued 27 verbal warnings, 7 Community Protection notices, 3 alcohol seizes and removed 7 lots of abandoned property.
Kat and Sam, the two patrol officers working on this initiative say that everyday is different, with them encouraging people to come up to them and “talk to us, especially if anything has made you feel unsafe”. They added that they are “building up a good rapport with local people, traders and the homeless community. We will not tolerate anti-social behaviour”. In addition to anti-social behaviour, they also see people who are in crisis or suffering from mental health problems, and they help them to find the services they need.
With ongoing problems across the country with the 101 number it has become very difficult for people to raise issues of anti-social behaviour. The constant presence of Kat and Sam makes a huge difference in bridging the gap between large agencies like the police and council, and individual victims. Sometimes victims are not sure who to talk to, or how bad the behaviour really is, or what can be done about it. Seeking out Kat and Sam to ask these questions is a great bonus for the people of Weymouth and something we would love to see happen elsewhere. It is also great to have the continuity of the same officers who gave a notice or order, be the ones to witness any potential breach and take the necessary action.
It is clear more visible patrols work, as the officers can work with numerous different agencies in order to get a variety of training and skills, build a rapport with local members of the Community and take a proactive approach to dealing with Community Safety.
Read the article here: https://www.wessexfm.com/news/dorset-news/2840142/on-the-beat-and-getting-results/
See our page on Excellent nitiatives for more examples of local community initiatives which have helped improve community safety and anti-social behaviour.