Why words matter: A victim's experience
Introduction
We often talk about ASB in terms of crime, disruption, or nuisance — but we rarely talk about the words used when someone asks for help. Language has the power to validate or invalidate, support or dismiss. In this blog, we hear directly from someone affected by ASB about how the words used by practitioners shaped their experience.
This is the experience of Bill (not their real name). Bill came to us for advice back in September 2024 and has continued to use their voice in hopes of improving outcomes for other victims of ASB.
Table of contents
Background
Bill has been experiencing anti-social behaviour from their upstairs and downstairs neighbours for years. Upstairs, their neighbour causes disruptive behaviour, playing loud music excessively, day and night. Downstairs, their neighbour renovates furniture, using power tools and causing excessive noise frequently.
Bill started reporting these incidents to their housing association back in 2020, but to no avail. Following one report, Bill was visited by three Enforcement Officers unannounced. Bill felt intimidated by this and would not let the officers inside his home. The officers then questioned Bill on the landing of the building in front of his neighbours and identified him as the complainant. Bill felt this had put him in danger as he feared retaliation from his neighbours.
The impact
We asked Bill how this interaction with the Enforcement Officers impacted him:
It was devastating.
They tried to harass their way into my home unannounced (“because of the anti-social behaviour complaints you have been making”) and when I refused entry, they loudly identified me as an ASB complainant to my neighbours in the public area of the building, including the ASB perpetrators.
Then, when I asked them to stop, as people were coming and going around us, they loudly discussed the case histories between themselves and announced to the building that they would not be taking action.
I was humiliated and terrified.
It was from this point that I started staying away from the building and staying overnight and for longer with family and friends, which has continued to this day (I am preparing to stay away again at the moment).
I have complained to the Housing Ombudsman about this incident and the history of ASB mismanagement on the part of the landlord and asked the Ombudsman to formally investigate on the advice of my council.
These enforcement officers broke the law, threatened my safeguarding and destroyed my security.
Speaking with Bill, he explained how different agencies treated him in different ways:
My housing association was dismissive, patronising, gas-lighting and unhelpful. The impression from the beginning of reporting the ongoing anti-social behaviour at my property (which has been going on for years and is continuing today – as I type this it is like a nightclub in the flat above me) was that it was an inconvenience for the landlord to have to deal with it.
This came through (and continues to come through today) in their emails and telephone communications, in stark contrast to the touchy-feeling language they deploy on their website.
My council officers (and councillors), in contrast, were helpful, down-to-earth and responsive, operating on a human level.
My local MP and his case worker were also very supportive, helpful and supportive.
Finally, I received therapy recently as a result of the impact of the ASB on my life (it destroyed it), and the NHS counsellor who worked with me over six weeks was fantastic and kept me alive.
We gave Bill a sneak peek at our practitioner’s guide before its release. We wanted to ensure that our guide reflected the thoughts and feelings of real victims of anti-social behaviour. Here is what Bill had to say about our guide:
This is good.
Reading through the draft was like reading my experience with my housing association relayed back to me, phrase by over-familiar phrase.
It is precise and helpful.
A bit of advice
Finally, we asked Bill if he had any advice to practitioners about communicating with victims of anti-social behaviour effectively:
Listen to what the victims say and communicate with/talk to them on a human level. It is terrifying and soul-destroying to be a victim of ASB, and when you are, you feel desperate, self-destructive and frightened.
Conclusion
Bill’s experience is just one of many. Naturally, we may not always be able to resolve a situation immediately, but we can always choose to respond to victims with empathy and care. Bill’s experience highlights the importance of getting communication right. With tools, training, and a proactive/positive approach, we can collectively contribute to a more supportive, trauma-informed approach to anti-social behaviour.
The practitioner's struggle: Tackling noise nuisance
Introduction
Noise nuisance is a particularly contentious issue in that the ways in which it affects people’s lives, whilst not up for debate, are wide ranging and so much is open to interpretation.
However, there is a wealth of case studies and tools and powers that help practitioners move progressively towards a solution.
In this blog, we will discuss how we can decide if a noise complaint constitutes as noise nuisance and highlight the different challenges faced by practitioners when dealing with these cases.
What is noise nuisance?
There is no definition in statute of exactly what noise nuisance is, however, to be considered a ‘nuisance’, the overriding requirement is the detriment to the reporters/victim’s quality of life. The key question is, exactly how is this noise having an impact on their daily life?
The lack of a refined definition can be seen in a negative and positive way. What this does though, is allow for a somewhat case by case basis when considering managing the reported incidents.
What should we consider when deciding if a noise complaint constitutes as nuisance?
Below are some things to consider when deciding if a noise complaint would be classed as a nuisance and therefore anti-social behaviour.
The noise must interrupt the individual’s enjoyment of living in their accommodation. For example, it may prevent them from sleeping, reading or spending some time relaxing.
The louder the noise, the more likely it is to be considered a nuisance.
The greater the duration, the more likely it is to be considered a nuisance.
The more frequent the noise, the more likely it is to be a nuisance.
Noise can be at any time of the day or night and not only in defined times of daylight through to nighttime. Generally speaking, with the exception of night workers, where the opposite may be true, nighttime noise has the potential to impact on the wider population of the area in question.
If the noise, for example, is particularly irritating in terms of pitch or resonance, the more likely it is to be considered a nuisance.
If a victim lives in a particularly quiet (for example, rural area) the more of a potential impact that noise will have.
Some people have a heightened sensitivity to noise, and this may well create an issue if the victim is reporting an impact on their health based on this hypersensitivity to the noise in question.
If the victim has vulnerabilities, then many types of anti-social behaviour will potentially create a greater impact for them. If they are elderly and live on their own, for example, the impact of the noise is likely to be greater on them than a person without these vulnerabilities.
As practitioners, we all want our communities to be able to live their lives in relative freedom and confidence, not being impacted or having to experience any kind of anti-social behaviour. The sad fact is that, with thousands of reports of ASB last year, many do.
A significant number of the reports received by local authorities and police includes noise related incidents, some are reported as entirely a noise issue whilst others have noise woven within them, for example, a domestic argument next door, music may be playing loudly, a pet dog may also be barking incessantly. All this adding to the harassment, alarm or distress felt by the victim who may not be able to stand it any longer.
The impact on the victims of prolonged noise issues cannot be underestimated and can often grossly affect their daily lives in a variety of ways including sleeping, being able to work, to look after their children and can cause a variety of mental and physical conditions.
What challenges may practitioners face?
Whilst wanting to achieve the best outcomes for our victims and the community, we also have to ensure that we are using our tools and powers to the best of their legal capability and relevance.
Below are some of the common challenges faced by practitioners when dealing with noise nuisance cases.
It may be that initially the evidence gathering part of the investigation is passed to the victim in the form of diary sheets, where they complete the details of the noise occurrences, the impact on them and the times, dates and duration of the noise.
This in itself, can be laborious for the victim who may well have many other things to do in their daily lives and now has to record the incidents as they happen. Nonetheless, they are a method of demonstrating the need for further investigation.
This may be enough to substantiate the use of initial warning letters to try and nullify the issue at source as soon as possible.
Though it is nonetheless troubling to the victim, we may get reports where the noise is not constant or regular at all. It may be that it comes and goes, different times of the day and night, different days and so on. This represents a difficulty in quantifying the evidence of the impact using devices. In some cases, local councils will permit the recording of noise as an accompaniment to diary sheets to further embellish and some would say, perhaps more viably demonstrate the impact potential on the victim and if particularly loud or disruptive, the wider community.
In some cases, the noise reported is of a domestic appliance nature, so a washing machine or a television being perceived to be very loud in a neighbouring property. This, although reported as unacceptable by the victim, is in all probability nothing that the enforcement officer or practitioner can do anything legally about and would be classed as general living noise.
If it is acceptable to the victim, then a polite call to the property where the noise is emanating from may be possible, particularly when the domestic noises are occurring late at night or in the early hours, but this may of course enflame the situation.
Whilst some local authorities can use evidence from attending council officers, it is usually the case that a trained and qualified noise abatement officer will attend and gather evidence using approved equipment in the vicinity of the reported noise nuisance.
However, this is often done after a period of letter dropping to residents including the residents in the property alleged to be making the noise. This then potentially alerts them to the presence of monitoring equipment and to the originator of the complaint. This raises the possibility of no noise being gathered during the next few weeks and also of repercussions being suffered by the victim, being blamed for bringing the complaint in the first place.
Initially brought in as an environmental tool, the use of community protection warnings and notices would seem to fit very well in terms of tools in noise cases.
Of course, this is a serious measure, and this would be as part of the recognised stepped approach when investigating any complaint of ASB and we would recommend attempting to use other means of resolution. Initially the unacceptable and warning letters should be issued to try and quell the issue and if these fail, then this further qualifies the consideration of more powerful tools in that it shows a consistent course of conduct and refusal to stop acting in an anti-social manner.
Real life case study example
The problem
Two properties in a very isolated hamlet in the East midlands.
One property had a small holding with some sheep in an adjoining field. The property had a bungalow and a number of outbuildings in the grounds which encircled the home. They also had paddocks and ran a horse-riding school which was also being impacted as riders and horses were being frightened by the dogs. They had a small dog.
The neighbouring property had a number of small outbuildings, a large house and several caravans in the extensive grounds which bordered the bungalow next door on several sides. It had a large gate that bordered the highway where a sharp bend often caused traffic to slow down considerably to allow for any oncoming traffic. The area is very beautiful and is often used by hikers and ramblers enjoying the picturesque scenery. It also has several farming families which account for the large amount of arable land and very sparce population.
Reports started being made to the police of persistent noise nuisance, coming from dogs (animal nuisance) and from inconsiderate use of machinery, one of the inhabitants of the property with caravans working on them often during the night.
This was disturbing the victims sleep (they were recovering from cancer treatment at home) and they initially tried to resolve the issue by talking to the neighbour who initially complied with their requests but after a short while reverted to their anti-social behaviour.
After several weeks enduring this and now having to additionally deal with six dog relentlessly barking day and night, they rang and emailed the police and council for help.
I rang and spoke with the victim and made arrangements to visit them with my ASB local authority counterpart, we took our own notes and received notes and records that the victim had made themselves. This included video footage where there was a good standard of evidence demonstrating the high level both of machinery noise and dogs barking often very late at night and very early in the morning. It was clear that the main protagonist was the neighbouring property.
Actions taken
We attempted to do a joint visit and although there was clearly someone in, they would not answer the door to knocking so a letter was delivered by hand (and recorded whilst doing so) requesting contact.
Several days passed with no response and all through this time, calls were still being made by the victim who’s health was by now being grossly affected by the ongoing incidents. In one call, the neighbours dogs (all very large dogs including several Alsatians) had escaped from their pound and entered the victims grounds, killing several sheep and biting her pet dog. In another incident the dogs had ran out into the road causing a passing combine harvester to swerve and hit a tree.
We maintained contact with the victim and also did a joint visit to the landlord of the offending property, taking copies of photographs and recordings made by the victim to demonstrate the impact the noise was having. The landlord agreed to visit their tenants and we sent a warning letter, but this only seemed to make the behaviour worse, the dogs barking now went on almost without a break in the day and now the victim reported she felt as if she was having a mental health breakdown and had gone to her GP.
After a further week of incidents and there being no accordance with the warning letter, another joint visit was conducted both to the victim and the offending property where we issued a CPN warning letter to one of the residents, who by now was also being dealt with for several environmental issues as well as the Dangerous Dog Act.
Unfortunately, the behaviour carried on and was accompanied by fly tipping and vehicles from the same property being left out on the highway on the sharp bend causing a hazard to all other road users.
Because of this a decision was made to issue a CPN full notice which was done in person, the reasons for the full notice were explained to the recipient.
However, the behaviour still persisted, the CPN was breached on two separate occasions and so a decision was made to report the offender for the breaches and this went to Magistrates Court where all matters, including the fly tipping, the CPN breaches and the dangerous dogs offences were dealt with simultaneously resulting in a fine, a ban on keeping animals and a further fine for fly tipping.
The offender and her partner moved from the area shortly after the prosecution.
Conclusion
The case study above is just one of many. It exemplifies that noise nuisance can often involve other elements of anti-social behaviour alongside it.
As populations increase and with the advent of more established communities it is obviously possible that reports of noise disturbance will increase, it is equally true that with the right approach, community cohesion and resource, those problems may be effectively targeted and reduced, helping individual victims and communities to carry on with their daily lives.
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.
Community Trigger 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 ‘Community Trigger’.
The Community Trigger, 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 Community Trigger 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 Community Trigger 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 Community Trigger 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 Community Trigger, 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 Community Trigger...
ASB Help are very proud of PS Wyn Jones of Northamptonshire Police for being the first police officer we know of to activate the Community Trigger for a case of anti-social behaviour in his area. PS Jones recognised the benefits of the Community Trigger 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 Community Trigger here
