Ministry of Justice consultation
The Ministry of Justice has launched a consultation into the Code of Practice for Victims of Crime: https://consult.justice.gov.uk/digital-communications/proposed-changes-to-the-victims-code/
The MoJ says:
The Victims' Code sets out the rights that victims of crime in England & Wales should receive. Under the code, all victims of crime – whether they choose to report it or not – are entitled to a range of support and information. To ensure the Code better meets victims’ needs, the MoJ is consulting on proposals which will give victims a louder voice in the process, ensure that they are better heard through their journey in the criminal justice system, and make sure they can access the support they need.
Victims of Anti-Social Behaviour
What about victims of anti-social behaviour? They do not even fall in the scope of the review. The Ministry of Justice works from the basis of it being only for victims of crime.
We would argue that being a victim of repeat, persistent anti-social behaviour can actually cause more distress and require more support than being a victim of some crimes. It is also a case that we all cope differently with both ASB and crime. As such the focus should be on the needs and vulnerabilities of the victim, not whether the behaviour they have been subjected to has crossed into the definition of crime.
At the very least, we would suggest that victims of anti-social behaviour who have requested an ASB multi-case review under the ASB Case Review, should be entitled to rights and support under the Victims' Code.
We think it is unfair that funding to give victims practical and emotional support is ringfenced only for victims of crime. Let's not forget that a victim of anti-social behaviour coming forward to receive emotional support may in fact lead to uncovering hidden crime from the ASB perpetrators. Timely support for victims of anti-social behaviour and an encouragement of early intervention techniques can also prevent crime from developing in the first place.
Get Involved in the Ministry of Justice consultation
We have made our voice heard in this Ministry of Justice consultation. We invite you to also. https://consult.justice.gov.uk/digital-communications/proposed-changes-to-the-victims-code/ Deadline for contributions is 11 September 2019.
North-East Threshold Confusion
Earlier this year I visited Middlesbrough and gave a training on the ASB Case Review to a few agencies through a Resolve ASB regional meeting. There I learned something rather interesting ... and also extremely concerning.
One of the delegates told me that in their local area when a ASB Case Review is raised, and it relates to one of their tenants, the police (lead agency) contact them to find out what log of the incidents they have. They send through a record of the reports of ASB and their responses. If the lead agency is satisfied with this log, and can see action was taken (on paper), they tell the victim the threshold has not been met.
No, no, no, no, NO!
Such a log should confirm that if there were 3 or more reports of ASB in the past six months, then yes, indeed the threshold has been met. The case review meeting should then be held to determine whether the right action has been taken and what more can be done.
It is hard enough to activate a ASB Case Review in most parts of the country. Victims of anti-social behaviour in the North-East have an added layer - agency confusion over the threshold.
Now it starts to make sense that in our first report Northumberland reported 39 Triggers but that all 39 Triggers had not reached the threshold. Likewise County Durham had 5 and Darlington 4, South Tyneside 3, and Gatehead 2, all of which didn't meet the threshold. Hmm - suspicion rises. Not met the threshold, or on paper it looks like action was taken, so the lead agency has decided that equates to not meeting the threshold.
It makes me want to tear my hair out in frustration. Re-read the legislation please.
Sunderland Trigger versus the Legislation
The plot thickens when I look at Sunderland Council's website and the way they explain the ASB Case Review:
Criteria for activating the ASB Case Review:
- Three or more complaints from an individual about the same problem, over a six month period, where no action has been taken by relevant agencies
- Five individuals complaining about the same problem where no action has been taken by relevant agencies
Sunderland has defined 'no action' as:
Victim did not receive an initial acknowledgement;
No subsequent contact has been made with victim following initial complaint;
Issues identified were not followed up or no action occurred;
Outcomes and/or case closure not reported to victim.
The dreaded two-tier threshold AND the addition of 'no action taken' - not even 'unsatisfactory action' as was discussed during the pilots, but 'no action' and then a helpful summary of what that means. This does NOT empower victims at all - this basically says if victims receive an acknowledgement and told what is happening (or not going to happen) and perhaps even that the case has been closed, they cannot activate the ASB Case Review. There is no opportunity for victims to question what has been done, nor for agencies to come together to problem solve the situation.
Let's see what the legislation says about the threshold:
(4)In a situation where—
(a)an application for an ASB case review is made, and
(b)at least three (or, if a different number is specified in the review procedures, at least that number of) qualifying complaints have been made about the anti-social behaviour to which the application relates,
the relevant bodies must decide that the threshold for a review is met.
See our latest report, pages 20-21, for our comments on the confusion surrounding the threshold which we believe should be standardised and certainly legal!
Practitioners: here is our guide to correctly publicising your ASB Case Review: http://asbhelp-co-uk.stackstaging.com/clap-and-get-your-community-trigger-right/
If you are a victim of anti-social behaviour in the North-East that has been unable to activate the ASB Case Review, do get in touch with us and let us know what happened.
Rising Voices in Parliament
What was an occasional question about anti-social behaviour is becoming something of a groundswell of voices as more and more MPs express their concerns. Just in the past week or so debates and questions keep on coming and start to bring into the forefront some of the underlying failings. These are:
- the impact of cuts to agencies affecting their response to anti-social behaviour especially the impact of less visible policing
- the removal of funding for diversionary activities and support services, especially youth services but also mental health
- the fact we do not actually have any way to measure how effective the tools and powers from the 2014 Anti-Social Behaviour, Crime and Policing Act are and how widely they are being used because this information is not measured
- a recognition that the ASB Case Review is a thing, and a thing that should be publicised and utilised
The ASB Case Review in Parliament
On 7th June there was a written question about how victims can have a greater input into policies and approaches to tackling anti-social behaviour. The ASB Case Review and Community Remedy were swiftly cited - but the former is not known about and the latter is rarely mentioned or used by practitioners.
On 10th June there was a specific question about the ASB Case Review, its effectiveness and the requirement to publish data. The stock answers came back: there is an ASB Strategic Board which looks at this; statutory guidance was updated; and they are looking at the Victims' Commissioner's report carefully.
We wrote the ASB Case Review section of that report. We campaigned to use the launch of the new statutory guidance as an opportunity to promote the ASB Case Review (we were ignored and it was quietly published on 24 December 2017). We want to see this made fit for purpose and are delighted to see MPs starting to take note that more needs to be done.
Yet again the ASB Case Review was raised in an oral question to the government by Tom Brake, MP, with a call to publicise it more effectively. Disappointingly the response was that MPs had that opportunity in their constituencies - having an opportunity and encouraging them to do it are two very different things. National promotion would set such local promotion in motion but there seems to be no political will to do so.
No Data
I have lost count of how many questions have been asked of the Home Office about data on the new anti-social behaviour powers. There was another, also on the 10th June, into prosecutions for anti-social behaviour in Leigh. That is a generic request, but drill down, and the reality is that no one is keeping a definitive record of the use of the powers set out in the 2014 Act. We have data on breaches, but without knowing how many injunctions or community protection notices were issued in the first place, it is impossible to know how high the breach rate is and therefore impossible to deduce whether the powers have been effective at stopping the anti-social behaviour. It is infuriating that this is accepted as the norm.
It is our opinion that Community Safety Partnerships do have a good idea of number of powers being used in their area and that with a bit of effort, information could be collated, not just for collection's sake but to actually enable the relevant people to make a fair assessment of usage and effectiveness of the powers. Surely this is common sense.
Debates on Particular Areas
The number of debates being secured in the House of Commons or Westminster Hall on the subject of anti-social behaviour are on the rise. After a number of years where it barely got a mention, there has been a steady run of them recently. After one from Hull MP Diana Johnson on 7th February 2019 following on from one from Hull West MP Emma Hardy specifically about anti-social behaviour in Hull and East Riding, held on 9th October 2018, the pace has quickened:
Crime and Anti-Social Behaviour in Stockton South: 14 May 2019
Crime and Anti-Social Behaviour in Small Towns: 5 June 2019
Crime and Anti-Social Behaviour in Slade Road, Birmingham: 11 June 2019
A good reminder that anti-social behaviour can impact anywhere and everywhere. People are genuinely concerned about anti-social behaviour in their towns, on their roads, in their communities and a current focus by the government on knife crime ignores the crucial link between anti-social behaviour and serious crime. It is frustrating to see so little connection made - if funding were made available once more to provide activities for people to draw them away from anti-social behaviour, and to fund the positive requirements of injunctions then there are huge opportunities to reduce not only the level of anti-social behaviour, but the level of serious crime too.
Of particular note, this comment in the debate on small towns, from MP Siobhain McDonagh:
"Mitcham town centre is unfortunately a hotbed of antisocial behaviour in the heart of the suburbs. Unchecked antisocial behaviour is the first step on a very slippery slope to the level of crime that we have heard described in the debate; the gulf between antisocial behaviour and serious crime is not as large as many of us allow ourselves to believe. There are small steps between noise and nuisance, drinking and drunkenness, and inconvenience and illegality."
This too was spot on from MP Richard Burden in the debate about Slade Road:
"I think all of us will recognise the picture that my hon. Friend is painting. The details may be different from area to area, but the overall picture is very recognisable. I put it to him that the problem with the overstretch is affecting the police and other services. It is not simply a matter of numbers; it is the fact that the overstretch is preventing them from intervening early, when it is most necessary. It is interrupting the neighbourhood policing that, if successful, heads off problems before they arrive. The mental health services can work effectively only if they intervene early, but the numbers are not there for them to do that."
It is encouraging to see MPs voicing their concerns and the concerns of their constituents. It is heartening to know that many others realise the issues and raise them forcefully. We hope real momentum for substantive change follows.
Housing Associations and the ASB Case Review
Much of our work on the ASB Case Review has focused on councils and police, mainly because they represent the lead agency across England and Wales. However, housing associations are a key player in Community Safety and named as one of the relevant bodies in the ASB Case Review legislation. What are housing associations doing to promote it then?
Large Housing Associations
A sample of the really large housing associations brought in disappointing results. All of the following have no information on the ASB Case Review (also called the ASB Case Review):
- London and Quadrant Housing
- Clarion Housing
- Home Group Housing
- Sanctuary Housing
- Guinness Partnership
- Riverside Housing
- Metropolitan Thames Valley Housing (2 separate websites)
Clarion Housing claims on its website to be the largest housing association in the country, owning and managing 125,000 homes over 170 local authorities, representing 360,000. That is 360,000 tenants who are not being informed about the ASB Case Review. Housing association websites direct people to the police for some types of anti-social behaviour but miss an opportunity to let their tenants know what to do if the police do nothing about it (or the council or indeed the housing association itself). This is concerning.
Locally Led
Some housing associations tell me they cannot put information on the ASB Case Review on their website because they have houses in more than one local authority area and of course the way it is activated differs from one area to another. There are some easy ways around this:
Regenda Housing give information about the ASB Case Review and a link to the government website to find your nearest local authority. Unfortunately this will fall down at the last hurdle because where the police is the lead agency, the local council tends not to publish any information about the Trigger.
A much better way can be seen in One Housing who have been wonderfully proactive in setting up a specific ASB Case Review email address for victims, explaining that they will then forward it onto the relevant local authority. Some lead agencies don't even bother setting up a specific email address or giving a direct telephone number so this is impressive from One Housing.
An alternative would be to link into our ASB Case Review Directory so that victims can easily search for their local area and find the exact page they need on the council or police website. It is important that all tenants of registered providers of social housing know that this safety net is available to them. We encourage all housing associations to look at adding this important information to their website. Don't forget housing associations can also activate a ASB Case Review on the victim's behalf to push a case review and get something done about the anti-social behaviour.
NEWS RELEASE: SAFETY NET FAILING VICTIMS
Agencies Ignore Victims of Anti-Social Behaviour at their Peril
Legislation is ignored and victims of anti-social behaviour continue to be held at arm’s length, a new report finds.
Work undertaken by charity ASB Help identifies numerous failing with the ASB Case Review, also called the ASB Case Review, introduced as part of the Anti-Social Behaviour, Crime and Policing Act 2014. This power was designed to empower victims, enabling them to insist on a multi-agency case review to get results and stop the behaviour that was having such a devastating attack on their lives.
In practice, however, the process is fraught with problems. The key issues are that:
- there is no-one taking overall ownership of the ASB Case Review or any aspect of anti-social behaviour from a victim perspective;
- the ASB Case Review is inaccessible and unknown meaning that many victims who would be entitled to activate it are unaware of its existence;
- there is great confusion over how to use the ASB Case Review with thresholds used that are contrary to the legislation; and
- the statutory guidance was quietly updated on Christmas Eve 2017 missing an opportunity to promote the ASB Case Review and continues to be ignored.
One victim’s experience shows the impact of repeat, persistent anti-social behaviour and the problem victims continue to have in getting results:
“It took me 28 months to finally get rid of my antisocial neighbour just before Christmas. The stress and sleep deprivation he caused wrecked my mental and physical health. It was easier for the authorities to just ignore me than do something about him.”
Jennifer Herrera, Chief Executive Officer of ASB Help said: “Paying more attention to victims of anti-social behaviour through effective usage of the ASB Case Review will give them the protection and support they deserve. Yet it also has the potential to identify perpetrators and embrace early intervention which could help stem the tide of knife crime and other serious crime. We are appalled at the way victims continue to be fobbed off by agencies and left to suffer in silence with a hugely detrimental effect on their quality of life.”
To read the full report: http://asbhelp-co-uk.stackstaging.com/wp-content/uploads/2019/03/ASB-Help-The-Community-Trigger.-Where-We-Are-Today.pdf
Ends
About ASB Help
ASB Help is a national UK charity seeking to assist victims of anti-social behaviour as to their rights – who they should report the anti-social behaviour to and crucially, what to do if they do not get a satisfactory response. The charity is represented on the Home Office Anti-Social Behaviour Strategic Board. To find out more about ASB help visit: http://asbhelp-co-uk.stackstaging.com/
For media enquiries, contact CEO Jenny Herrera, jherrera@asbhelp-co-uk.stackstaging.com 07703 453862
How it Affects Me
Anti-social behaviour (ASB) can affect every area of your life especially when you live next-door to it.
When you report the ASB you need to clearly describe the impact it is having on your life. The more you can spell out how it is affecting your quality of life and your daily routine the more notice local agencies are going to take.
Example
Recently a victim asked me to take a look at their ASB Case Review application. They had summarised in just one sentence the fact that they had needed to move into different rooms to try and reduce the impact of the noise from the neighbour. My advice was to really spell out the impact.
The application mentioned disturbed sleep. I advised them to expand on how this affected their work as well as general health. They had a son studying for exams which was also definitely worth emphasising.
How is the Behaviour Affecting You?
Noise can simply be a nuisance, and council officers know that. Yet noise (and any anti-social behaviour) can also be so much more, impacting on health, employment, education, emotional wellbeing and relationships. A police officer told me recently about a victim who is on their final warning at work because the ASB is impacting on their ability to do their job.
So when reporting an incident of anti-social behaviour, and especially a ASB Case Review application, ask yourself:
- How has this behaviour affected by quality of life?
- How is it impacting on my health?
- Is it interfering with my work or my education?
- How has this behaviour impacted on my daily routine?
- How do I feel each day or each time it happens?
- Has it negatively impacted on my family or friends, for example meaning I cannot have people round to visit?
These questions should help you draw out all the ways you are being affected and the harm caused.
Be specific. Spell it out and do not let agencies belittle what is happening to you.
Police Distance
My last blog was about the Switchboard Stress of trying to contact local councils to find out some information about the ASB Case Review. A member of the public commented on the post on our Facebook page that they had been one of the people I was concerned about: trying to activate a ASB Case Review through the telephone number given, only to find it was the council's main switchboard and no-one knew what it was or who to put her through to!!
In the interest of a balanced argument, I want to follow this up with a blog about the distance we now feel from the police. I have documented before how calling the 101 number to activate a ASB Case Review can be just as frustrating as a council switchboard. Why? The same reason - the staff officer answering the call does not know what the ASB Case Review (or ASB Case Review) is!
Faceless Organisations
I believe there is a real problem when an organisation distances itself and essentially becomes faceless. We suffer from council and police distance - perhaps it is more common with the council, but we are used to being able to talk to the police aren't we? When I was overseas once, I lost my passport. I went to the local police station in a small town and was able to immediately report the missing passport (essential if I was to get an emergency one processed by the Embassy). I could not do that today in my home city as the local police station has very limited opening hours and outside of those no-one answers the doorbell (I suspect it doesn't work). Once a police car pulled up whilst I was looking to report something and the officer told me I could not report it to her because she didn't actually work there.
We know there are less bobbies on the beat and more stations are closed. So if it is not an emergency the 101 number becomes the main and sometimes only way to talk to the police. That would be particularly true for the house-bound, the sick, those with disabilities or scared to leave their home because of the anti-social behaviour of their neighbours.
The 101 Number
I make a lot of different phone calls and yet the only one I get billed for, which is not covered by my unlimited minutes, is when I need to make a call to the police's non-emergency 101 number. I personally think that is bizarre. If the police wants to minimise people wrongly using the free 999 emergency number, it might be a good start to make its alternative free! I can call a council anywhere in the country, I can call my bank and people on other mobile networks to me free of charge, but I cannot call the police. This immediately puts up a layer of police distance.
Cost aside, an important article about Crimestoppers caught my eye last month about why more people are using this free, anonymous service to report crime and anti-social behaviour. There are a number of reasons for this, including the fact that some people find it very difficult to talk to the police directly. The simpler reporting process that Crimestoppers offers is also significant. Then the article cites the fact that people have problems reaching the police non-emergency number, 101.
"There is in some parts of the country an element of frustration with 101," says Mr Hallas, Crimestoppers CEO. "They know if they call us they will be answered pretty quickly."
The issues are well known and it was referenced in a Westminster Hall discussion on anti-social behaviour in Hull and the East Riding of Yorkshire. Emma Hardy, MP for Hull West and Hessle stated that:
"I am sure she is as aware as I am of the number of dropped calls to the 101 service and the number of incidents that actually get reported. If she goes out and talks to people in the community, she will find that most of them never even bother ringing 101 to report antisocial behaviour, because they know they may be on hold for more than 40 minutes."
A BBC article in August gives further evidence of this for people in Wales with a staggering 135,389 of calls being abandoned or redirected last year.
Getting Someone to Act
In that same debate, I was delighted to see that the Minister responsible for anti-social behaviour, Victoria Atkins, highlighted the ASB Case Review as follows:
"If I may, I will let the hon. Lady know about the ability of victims of antisocial behaviour, or someone acting on their behalf, including a Member of Parliament, to request a formal antisocial behaviour case review - I do not know whether she is aware of this - which is called a "community trigger". I like talking about it, because colleagues should be aware of it and they can use it if requested by their constituents. It enables victims of antisocial behaviour to ensure that their voice is heard when they believe they have not had a satisfactory response to repeated complaints of antisocial behaviour, and it forces agencies to act. The relevant bodies in a local area must agree on and publish their case review procedures. Therefore, if she believes that the relevant agencies in her constituency, have not acted on reports of antisocial behaviour in Hull and East Riding, that is a possible solution for her constituents."
However, let's just reflect on both this blog and my Switchboard Stress blog. Ms Atkins, I am sorry to say that some people can only activate their ASB Case Review by calling 101 - that same number which some people have despaired of calling. Others have the option of calling their local council and getting lost in the deliberations of a switchboard operator who has no idea what they are talking about. Or there might be an unwieldy online form. A victim of persistent anti-social behaviour should not need to jump through so many hoops to shout out for help. Come on public servants - there is a real opportunity here to choose to NOT be a faceless organisation, reduce that police distance and let people who are suffering have access to help.
Is this not common sense? I have no idea why police websites do not give an email address to relieve pressure on their 101 number, nor why ASB Case Review webpages can't give a direct line number rather than switchboard. The ASB Case Review is for people who feel they have nowhere to turn, who need help and are desperate. It is so unfair to set them up like this and create such distance. Is it any wonder people give up?
And what is the risk of a victim of persistent anti-social behaviour giving up on reporting it and feeling like there is nowhere to turn? At one end of the scale, suicide like we saw with Fiona Pilkington. At the other end of the scale, a victim taking matters into their own hands and committing a crime in their desperation to stop the anti-social behaviour. In the 21st century when thanks to technology and the internet, we are more connected than ever, how is it that police distance is only widening?
How to Prepare for a Safe Halloween and Bonfire Night
For many people, Halloween and Bonfire night is an enjoyable, harmless few days to partake in activities with family and friends. However, for many it can be a frightening time, especially vulnerable people including the elderly, and those with physical and mental disabilities.
Halloween and Bonfire Night also sees a spike in anti-social behaviour, with people believing they can get away with bad behaviour just because it is Halloween. The police are aware of this and increase patrols around this time, particularly focusing on areas where trouble is well known, and where many vulnerable people live. As well as patrols, other plans are put into place, such as local shops not selling flour and eggs on the night of Halloween.
Despite these extra measures, it does not stop victims of anti-social behaviour becoming even more stressed and scared than they already are. Noises, such as fireworks can push people to the limit as to what they can cope with.
Preparation
Preparing for these events should help you to feel less frightened. Local police forces offer out ‘No Trick or Treaters’ posters which you can print out and stick on your door. In addition to this, we also have a list of tips on our website which can help if you are feeling frightened, including locking all your doors and windows, keeping your house well-lit and closing your curtains. These simple steps can help put you at ease. If you are struggling and need somebody to talk to for advice and reassurance, then The Samaritans are available 24/7 to ring or e-mail.
As difficult as it can be, it is important to remember that these events only happen once a year, so some tolerance is needed around fireworks and noise. However, if you are experiencing anti-social behaviour, do not suffer in silence and feel you must put up with it. Contact the police if you feel you are in danger or being targeted. Nobody should be made to feel unsafe in their own home, no matter what the occasion.
We hope that these events pass you without incident and you can have a safe and enjoyable time.