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.
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.