What would the abolition of Section 21 mean for private landlords and victims of ASB?
Often, local communities hold landlords responsible for the anti-social behaviour that takes place in their properties. The National Landlords Association says that in a survey of over 4,000 landlords, 14% reported tenants engaging in anti-social behaviours such as noise, drugs and prostitution over the last 12 months.
Currently, Section 21 can be used by landlords in England and Wales to evict tenants after a fixed term tenancy ends if there is a written contract, or during a tenancy which has no fixed end date if tenants are engaging in these behaviours.
Landlords can use ‘no fault’ Section 21 notices to gain possession of their property, without having to put neighbours, often the victims of the anti-social behaviour, through an ordeal at court giving evidence. The current Government wish to abolish Section 21, leaving landlords feeling “powerless” to deal with anti-social tenants who are affecting their neighbours and community. If it is abolished, a Section 8 notice will have to be used, allowing landlords to repossess a property if they can provide enough evidence to satisfy a court.
This may mean that victims of Anti-Social Behaviour will have no choice but to testify in court if they want the problem resolved. This process is costly, lengthy and puts the already distressed victim through further, unnecessary stress. Furthermore, in cases where the main issue is noise, alcohol or drugs, which are common complaints, it can often end up as your word against theirs. Additionally, neighbours and other tenants may be too scared to testify in court, or even report the issue in the first place.
Campaigners including the National Landlords Association and the Residential Landlords Association believe that Section 8 is not fit for purpose and are forming a coalition to seek retention of Section 21.
Read the full article here: https://propertyindustryeye.com/landlords-worried-about-anti-social-tenants-protest-against-abolition-of-section-21/
Read our page on Landlords here
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.
Anti-social behaviour 'nightmare' ignored
A new report, "Anti-Social Behaviour: Living a Nightmare" was released today (30/04/2019) by the Victims Commissioner, in partnership with ASB Help and Nottingham Trent University. The report has shown that Anti-Social Behaviour is being ignored by authorities in England and Wales.
The Victims Commissioner, Baroness Newlove, stated that victims who were being repeatedly targeted were left to "suffer in silence". She added that the feedback from victims has been that they feel they are being persistently targeted by perpetrators, yet persistently ignored by those in power also. Baroness Newlove added that it was "infuriating" that Anti-Social Behaviour was referred to as low-level crime, something that often dismisses the effect it has on its victims. The report states that anti-social behaviour can cause "immense distress and suffering" to victims, having negative effects on their mental health, sleep, work and relationships.
Police chiefs and the Local Government Association said they took anti-social behaviour "seriously", but admit that their resources are under strain and more funding is needed if they are to tackle the problem effectively.
Written in partnership with Nottingham Trent University and charity ASB Help, the commissioner's report says victims of anti-social behaviour are passed between agencies and face lengthy delays when calling the 101 police non-emergency number.
It also found that a mechanism known as the "community trigger", which allows victims to require agencies to review the response to the anti-social behaviour they reported, was "largely unknown".
Jenny Herrera, from ASB Help, said there were fundamental problems with the mechanism and called for central government to intervene to ensure it was "fit for purpose".
The Crime Survey for England and Wales estimated 37% of adult respondents experienced or witnessed anti-social behaviour in their local area last year, the highest proportion since the question was first asked in 2011-12.
But separate figures show around 1.4 million incidents of anti-social behaviour were recorded by police in 2018, a 16% fall on the previous 12 months.
The Home Office welcomed the Victims' Commissioner's report and said it would consider the recommendations "carefully". "The government is committed to tackling anti-social behaviour and ensuring victims get the response they deserve," it said.
National Police Chiefs' Council lead for Anti-Social Behaviour, Deputy Assistant Commissioner Laurence Taylor, said the police were "only one part of the solution" and they were working with local authorities and other agencies to tackle anti-social behaviour.
"Forces are under increasing strain as they deal with rising crime, demand that is more complex and a raised terror threat with fewer officers," he continued.
"Further long-term funding is needed and we are working with the Home Office and police and crime commissioners to make the case at the next spending review."
The Local Government Association said: "Councils know people look to them to tackle the anti-social behaviour, which can make a law-abiding resident's life hell or blight an entire neighbourhood.
"It's a role they take extremely seriously but one which is being made increasingly challenging as a result of losing 60p out of every £1 they had from government to spend on services in the past decade."
Read the full report here: https://s3-eu-west-2.amazonaws.com/victcomm2-prod-storage-119w3o4kq2z48/uploads/2019/04/ASB-report.pdf
Livestream feed from the launch can be seen through Twitter here: https://twitter.com/csjthinktank/status/1123268300765630465
Have you been a victim of Anti-Social Behaviour? Our website has pages of advice and links to local agencies to try and help resolve your situation. You can also contact us using the contact form for further help and advice.
Good Initiatives; On the beat and getting results:
Many people call for visible police patrols in their local community to try and improve community safety. In Weymouth, two uniformed officers have been doing exactly that.
Weymouth and Portland Borough Council worked with Dorset police, British Transport Police, Dorset County Council and the Dorset Police and Crime Commissioner to set up Community Safety Accreditation Scheme, which employed specially trained officers to help reduce Anti-Social Behaviour. The training issued was thorough and included security checks, body armour and training to enable them to carry out police and council enforcement powers, such as enforcing the Public Space Protection Order. The Public Space Protection Order gives officers certain powers such as being able to place restrictions on individuals that persistently commit anti-social behaviour.
Since January 2019, the officers have issued 27 verbal warnings, 7 Community Protection notices, 3 alcohol seizes and removed 7 lots of abandoned property.
Kat and Sam, the two patrol officers working on this initiative say that everyday is different, with them encouraging people to come up to them and “talk to us, especially if anything has made you feel unsafe”. They added that they are “building up a good rapport with local people, traders and the homeless community. We will not tolerate anti-social behaviour”. In addition to anti-social behaviour, they also see people who are in crisis or suffering from mental health problems, and they help them to find the services they need.
With ongoing problems across the country with the 101 number it has become very difficult for people to raise issues of anti-social behaviour. The constant presence of Kat and Sam makes a huge difference in bridging the gap between large agencies like the police and council, and individual victims. Sometimes victims are not sure who to talk to, or how bad the behaviour really is, or what can be done about it. Seeking out Kat and Sam to ask these questions is a great bonus for the people of Weymouth and something we would love to see happen elsewhere. It is also great to have the continuity of the same officers who gave a notice or order, be the ones to witness any potential breach and take the necessary action.
It is clear more visible patrols work, as the officers can work with numerous different agencies in order to get a variety of training and skills, build a rapport with local members of the Community and take a proactive approach to dealing with Community Safety.
Read the article here: https://www.wessexfm.com/news/dorset-news/2840142/on-the-beat-and-getting-results/
See our page on Excellent nitiatives for more examples of local community initiatives which have helped improve community safety and anti-social behaviour.
Stalking Protection Orders – a step in the right direction to tackle stalking within the United Kingdom:
Harassment can be defined as: “the act of systematic and/or continued, unwanted and annoying actions of one party or a group, including threats and demands”.
There are many types of anti-social behaviour within the category of harassment, with one of them being stalking.
Stalking can be defined as unwanted or obsessive attention by an individual or group. The Crime Survey for England and Wales reports that 1 in 5 women and nearly 1 in 10 men aged 16-59 have been victims of stalking since the age of 16.
The Stalking Protection Bill has been developed in 2019 to introduce Stalking Protection Orders, which are civil orders that police can apply to enable them to tackle stranger stalking quicker and more effectively. This bill has been developed by the Government and has been given royal assent, in a bid to tackle violence against women and girls in the United Kingdom.
The new stalking protection orders will allow for both restrictions and requirements for perpetrators and will carry a criminal penalty if these are broken. Importantly, the police apply for the order themselves, saving the victim stress and worry at an already traumatic time. The new orders can apply to any case of stalking but is designed specifically for occasions where stalking occurs outside of a domestic abuse context and will allow the courts to ban perpetrators from entering certain locations and contacting the victims. Furthermore, it will also force the perpetrator to seek help, often in the form of a mental health assessment. By addressing the issues of the perpetrator also, it should help to stop re-offending.
In addition to the Stalking Protection Orders, the Home Office has provided £4.1 million to fund the Multi-Agency Stalking Interventions Programme, which aims to improve responses to stalking within the Criminal Justice System. Furthermore, £50,000 a year will be provided to the National Stalking Helpline, ensuring that victims will continue to have someone to contact if they feel in danger or need advice.
Victoria Atkins (Minister for Crime, Safeguarding and Vulnerabilities) said that the new Stalking Protection Orders will “provide safety and security for victims earlier than ever before”. Furthermore, Baroness Bertin added that the new orders will ensure victims “do not have to wait for prosecution before protection kicks in”.
If you are a victim of stalking, then do not suffer in silence. See our page on Harassment, read our stalking case studies or visit the National Stalking Helpline for more information.
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
Anti-Social Behaviour debate in the House of Commons (7/2/2019):
It is great to see Anti-social behaviour being debated in the House of Commons. It shows that MP’s are taking an interest in the concerns of their constituents and are using their voice to try and bring about change. It was noted that the only thing that is currently mentioned more in Parliament is Brexit, showing that the issue of anti-social behaviour is finally at the forefront of many MP’s agendas.
One particular MP who has been very passionate about improving anti-social behaviour is Diana R.Johnson, the Labour MP for Kingston Upon Hull. She stated that in 2018, it was found that 40% of national respondents think that crime and anti-social behaviour is a problem in their area, which is up from 25% in 2015. In addition to this, the Office for National Statistics found there was a 13% increase in people witnessing or experiencing anti-social behaviour between October 2017-September 2018. This number is worrying and highlights the issue is getting worse rather than improving.
Johnson states that “feeling safe where we live, work and play is important to us all, and anti-social behaviour can make people’s lives miserable”. 950,000 children have experienced some form of crime and anti-social behaviour, with 2.2 million of them worried about this issue. It shows that it is not just adults who experience anti-social behaviour and are worried by it; it is an issue that people of all ages are worried about.
One major point that was mentioned repeatedly in this debate, was the budget cuts implemented on the police force and what that means for victims of anti-social behaviour.
Keith Hunter (the National lead for Police and Crime Commissioners on Anti-Social Behaviour) believes that anti-social behaviour is often the start of more serious criminal behaviour if it is not checked and dealt with early on. He also believes that when the public and police retreat from public spaces, there will always be a section of society who will use that space for their own anti-social purposes. Then, the public become too scared to use the space again, and the bad behaviour is reinforced. One example to support his theory is budget cuts to Humberside Police. Since 2010, the budget of Humberside Police has been cut by 31%, with the Humberside PCC saying that the “services are stretched to breaking point”. This poses the question of how is anti-social behaviour meant to be dealt with effectively, when the police have no resources or funding to do so?
In addition to Humberside Police cuts, in November 2018, Bedfordshire police had to suspend its 101-call service for a few hours due to budget cuts, in order to focus on more serious crime, 999 calls. This results in the anti-social behaviour crimes being ignored, leaving victims frustrated and upset.
Despite national police budget cuts, local police forces are trying to make the best of a bad situation. For example, Humberside police have developed a mobile “cop shop” to move to areas where problems develop and are showing videos in local schools which demonstrate the effects of anti-social behaviour. It is hoped this will educate children and show them the effects of anti-social behaviour. Furthermore, when neighbourhood policing was introduced in Lancashire, one area went from 120 anti-social behaviour incidents a month to 10-15 incidents a month. This is a significant difference and shows just how powerful a police presence in a community can be. Many police forces and MP’s have expressed their frustration at being unable to roll out early intervention schemes to try and prevent anti-social behaviour, as they do not have the resources or funding to do so.
The consensus throughout this debate was that constituents are fed up of constantly flagging up and reporting anti-social behaviour and feeling like nothing is being done. Communities are being destroyed, leaving people upset, frustrated and frightened. This is something we see daily at ASB Help, and we share this frustration. For example, an issue mentioned in Parliament and one we get many e-mails about is neighbour disputes. Hull constituents reported that they must fill in numerous diary sheets as evidence, and then no action is taken. Hull City Council say they need these diary sheets to show a pattern of behaviour, however even then the behaviour may not be serious enough for a conviction, resulting in an eviction of the neighbours causing the behaviour. It can take as long as eight months for eviction, which is added distress for victims.
So, what next? This debate discussed some options of what should be implemented to try and improve the situation. The Government needs to invest more funding into the police, and also local councils. This will result in less police cuts, with more of a focus on Anti-social Behaviour, with more police presence on the street and the funding to carry out early interventions. The re-introduction of ASBO’s was also mentioned by some MP’s, who felt that this gave the police more power to sanction people. It was also suggested the Criminal Justice System should be reviewed, as it should be seen as a progressive system which helps people to get out of this behaviour and change. However, it is felt that is should also be prepared to sanction people who want to continue with this behaviour. Of course, this is a complex issue, with no “one size fits all” solution.