ANTI-SOCIAL BEHAVIOUR: NEW LEGISLATION, NEW REFORMS Ian Whiteway ASB and Customer Support Manager, RHP Andrew Nowakowski CIHCM ASB and Fraud Adviser, RHP OBJECTIVES • • • • • MET Police Call Handling Pilot Community Trigger Pilot New ASB legislation Activity Q&A CALL HANDLING PILOT • The ASB Risk Matrix assesses risk against the following three strands of ASB cases: 1. History 2. Vulnerability 3. Support • All high risk ASB cases flagged on the ASB risk matrix are sent to the Police, so a crime report can be logged. QUANTIFYING THE IMPACT OF ASB QUANTIFYING THE IMPACT OF ASB A VICTIM-CENTRED APPROACH: THE RISK MATRIX • To ensure that both the seriousness of the incident(s) and the vulnerability of the victim are taken into account when making a decision about the relative priority of the case. • An intuitive initial guide as to whether a victim may also have vulnerabilities and needs that might disproportionately and negatively affect their perceptions of the ASB they are suffering. • Use of the matrix at case closure to measure the impact of victim support interventions. The Community Trigger THE COMMUNITY TRIGGER • The Community Trigger is designed to help those who have reported an ASB issue but have seen no resolution. • If the same person has reported a problem three times, OR five separate people have reported the same problem, this will ‘trigger’ a meeting between partner agencies and an action plan will be agreed. • We will make sure every customer is heard and that they receive a proper response. WHERE IS THE BILL CURRENTLY? The Anti-Social Behaviour, Crime and Policing Bill 2013-14 is currently at the Committee stage in the House of Commons. IPNA IPNA IPNA WHAT IS THE IPNA? It is exactly the same as the current ASB Injunction, bar a few changes; It has been created as a catch all power to replace both the current ASBI and ASBO. As a result, the government has chosen to support a more open definition of Anti-Social Behaviour defined as conduct which is; “capable of causing nuisance or annoyance to any person” compared to conduct causing; “harassment, alarm or distress” used as the current definition of ASB for ASBOs. WHO HAS THE POWER? The IPNA is designed to be used not only by Social Housing Providers but also by; THE POLICE COMMUNITY LED HOUSING THE TRANSPORT FOR LONDON TEAM (TFL) LOCAL AUTHORITIES THE ENVIRONMENTAL AGENCY AND HEAD TEACHERS! ASBI VS IPNA • IPNAs are civil remedies that can impose positive requirements on a perpetrator as well as prohibitions. • Like ASBIs, an IPNA application is generally heard before the County or High Courts – although Magistrates’ Courts/Youth Courts can also consider applications. • A Breach of an IPNA is not a criminal offence and doesn’t carry an automatic power of arrest. A breach of an IPNA is seen as Contempt of Court and can result in imprisonment. COMMUNITY REMEDY A COMMUNITY LED ALTERNATIVE WHAT IS THE COMMUNITY REMEDY? The Community Remedy is another alternative to tackling ASB as introduced in Section 6 of The Anti-social Behaviour, Crime and Policing Bill 2013-14 The Community Remedy seeks to draw on aspects of Restorative Justice by asking members of the Local Community, affected by ASB, to have a say in the types or number of sanctions brought against a Perpetrator of ASB. HOW DOES THE COMMUNITY REMEDY WORK? – THE PROCESS An Individual admits committing ASB or a Criminal Offence A Police or Crime Commissioner will consult local community about ideas for possible sanctions Where possible a Police officer or an appropriate authority would be able to use these sanctions if this is felt to be more appropriate compared to Court proceedings or fixed penalty notices Sanctions are considered and are drawn up by a relevant authority to form a ‘Community Remedy Document’ ACTIVITY ACTIVITY – NEW TOOLS ACTIVITY – NEW TOOLS SCENARIO During a heated dispute in an area you manage, a Freeholder threatens to kill his neighbour. The victim is your customer and you are concerned about their vulnerabilities. Two other neighbours witnessed the threat. They are refusing to report it to the Police but are willing to give evidence to you. Q&A