ASB - England
Last updated Date:20/08/2014
The Anti-Social Behaviour, Crime and Policing Act received royal assent on 13 March 2014. The new tools relevant for housing in the Act will come into force in October 2014.
CIH worked closely to influence the progress of the Act and in particular raised concerns about some of the proposed measures (for more information see the briefing), and we are pleased that these concerns have largely been addressed in the final Act.
The Act contains several key tools, including:
Social landlords will be able to seek these injunctions which allow the requirement for positive actions, as well as prohibitions, to tackle anti-social behaviour. These will require civil standards of proof (balance of probabilities) to obtain, and will be part of the approach to bring about long term solutions as well as address immediate impacts for individuals/ communities affected by the behaviour.
Criminal behaviour orders
Enabling action against the anti-social behaviour by persons also convicted of criminal activity. These can also require positive action to address the behaviour.
This power can be used by the police to remove people from a locality for 48 hours where contributing to or likely to contribute to harassment, alarm or distress, or the occurrence of crime or disorder.
A notice that can be issued by social landlords and other parties to prevent a person engaging in ongoing or persistent anti-social behaviour that is unreasonable and has a detrimental effect on the lives of others in the community.
These enable the local authority or police to close premises for 48 hours (notices) or up to 6 months, and limit or restrict all access, where disorder or nuisance (serious or criminal in the case of an order) is occurring.
New absolute grounds for possession
Enabling social and private landlords to expedite possession where another court has proven significant anti-social behaviour or criminality in the locality of the property. It is intended to provide better protection and faster relief for those affected/ witnesses.
Public spaces protections orders
These orders enable local authorities to prevent individuals or groups committing anti-social behaviour in public spaces.
The act also introduces a community trigger (the ability to trigger a review of management of ASB complaints in certain circumstances, including the actions of registered providers) and a community remedy to tackle the effects of low level anti-social behaviour (by enabling those affected to influence what actions can be required of the perpetrator).
CIH will be providing members’ briefings on the tools available (see the links as these are available above) and all will be available by early September.
CIH policy and practice contact: Sarah Davis.
Landlords’ ASB services remain one of the most important for tenants, and CIH consultancy has developed a number of resources to help you to deliver effective services. For more information on these contact Gez Kinsella.
CIH launches Community Harm Statement to help social landlords tackle anti-social behaviour and give a stronger voice to communitiesA new tool designed to make it easier for social landlords to demonstrate the impact of anti-social behaviour (ASB) has been launched by the Chartered Institute of Housing. Developed with a range of partners, the Community Harm Statement introduces a recognised template to present evidence to court in a consistent way that properly captures the impact of harm on the community. It gives a stronger voice to communities by helping ensure that the damage inflicted by ASB is properly voiced and listened to when landlords take legal action. It can also be used to support non-judicial actions, casework and partnership working. Download the template and guidance note . The Community Harm Statement has been piloted by a number of social landlords and case studies showing how it was used can be found on the ASB section of the CIH practice hub.
Draft Anti-Social Behaviour Bill December 2012
Anti-social behaviour white paper May 2012
Community Harm Statement March 2012
Community Harm Statement guidance March 2012
The Riot Report February 2012
How to...manage ASB cases effectively December 2011
CIH response to DCLG consultation on a new mandatory power for possession November 2011
CIH position statement on the August riots August 2011
Respect - ASB charter for housing June 2011
Respect: delivering the ASB charter for housing (CIH advice and guidance on translating the charter into practice) is available to purchase from our bookshop.