How a lack of local agency support is affecting victims of Anti-Social Behaviour.
08/01/2020 - How can your local organisation help victims of Anti-Social Behaviour in your area?
Today ASB Help requested a ASB Case Review activation on behalf of two vulnerable victims of persistent anti-social behaviour. They have suffered 3 years of hell, despite the Anti-Social Behaviour, Crime and Policing Act 2014 giving agencies the tools and powers to compel anti-social people to desist in their behaviour. With echoes of the Pilkington case, we really hope Cherwell District Council and Thames Valley Police embrace our intervention and bring an end to the misery being caused to these people before any more serious harm is caused.
Click here to view our pledge and how your organisation can sign up to it.
Click here to view our blog on the Pilkington case, and whether lessons have been learnt from it.
A Pilkington Malaise? Have We Really Learnt the Lessons for 2020?
We talk a lot about the deaths of Fiona Pilkington and her daughter Francecca Hardwick; how their legacy informed the Anti-Social Behaviour, Crime and Policing Act 2014 and as a cautionary tale to practitioners. But have we really understood the lessons from the Pilkington tragedy and how to apply them in 2020?
‘I am sick of hearing about Fiona Pilkington’. This was a comment I overhead a practitioner mutter during a training session on safeguarding. I was stunned and appalled by the comment. But when I thought about it more, I realised an unintended consequence of the Pilkington case, as a case study for practitioners, is that it represents a big stick: if you fail in your duties you could be the focus of a serious case review. I wonder if a combination of the Pilkington name, the shame it brought on all those involved and the threat of professional disgrace has created a toxic combination of Pilkington malaise; a sense that if we don’t cover our back, we could be compelled to attend the Coroner’s Court and lose our jobs. If that is the case, it signals a culture of working to preserve reputation rather than in the best interests of victims. By virtue, the lessons we should have learnt are being obscured by a fear that is motivating our interactions with victims to mitigate against reputational damage rather than to find resolution for victims of anti-social behaviour.
It is easy to see how the legacy of austerity, an increase in anti-social behaviour and the inter-dependency on other agencies to do their part, often reluctantly, means practitioners are finding it difficult to manage their caseload, let alone really look and understand how anti-social behaviour is affecting victims.
Last week I visited the street where Fiona Pilkington lived with her family. I made this visit with practitioner eyes; expecting to see the tell-tale signs of deprivation, social exclusion and the imprint of anti-social residents; graffiti, neglected gardens, rubbish and abandoned vehicles. What I found took me by surprise, because Bardon Road is a nice street. It looks and feels nice. It appeared to me that the potential of this street has been unlocked; residents are investing in their homes and making improvements to them. It was difficult to reconcile what I saw and what I know about what happened there 13 years ago.
The visit to Bardon Road was a valuable learning opportunity. It reminded me that managing anti-social behaviour is never what you expect it to be. We naturally form judgements and sometimes these are arbitrary. I considered how many practitioners assumed Fiona Pilkington lived in a local authority property when in fact she owned her own home? I could see how that dimension alone could have influenced how her case was approached by practitioners.
After my visit to Bardon Road, I spoke with victims who have contacted ASB Help or the Victim’s Commissioner for advice because they feel agencies are not helping them to bring an end to the anti-social behaviour they are experiencing. When I listened to the victim’s accounts, I heard the echoes of the Fiona Pilkington serious case review. Multiple calls to the Police, different officers attending, the occasional verbal or harassment warning to the perpetrator, letters to MP’s and that all-encompassing despair felt by victims and their family members daily.
In the cases I have heard, just in the last two weeks, I question if any lessons have been learnt from the Pilkington tragedy. In every case I listened to, I could identify multiple interventions that either the Police, Local Authority or Landlord could utilise from the Anti-Social Behaviour, Crime and Policing Act 2014. But none of these interventions have even been discussed and the only consistent theme is the issuing of a verbal or harassment warning, just as in the case of Fiona Pilkington. And is this intervention designed to help the victim or to enable the practitioner to evidence they have made a positive intervention? Are they just covering their backs? Or are these practitioners encountering a professional despair? Working in a system that is broken, resource deprived and set in its ways of viewing anti-social behaviour as a secondary issue to crime? If the Pilkington case should tell us anything, it is that the harm caused by anti-social behaviour is real and it destroys lives, like any crime has the potential to do.
How can we apply the legacy of the Pilkington case in managing anti-social behaviour today?
- The Anti-Social Behaviour, Crime and Policing Act 2014 gave practitioners tools that are not being used to full effect. We must remember these tools came into existence because they were identified as necessary in part because of the Pilkington case. Our work with Police Forces and Local Authorities shows us there is a reluctance to use civil powers to manage anti-social behaviour for multiple reasons; a criminal law mindset, the costs associated with legal action, the potential for reputational damage should a legal intervention be challenged, a reluctance to work collaboratively with other agencies to share the cost and risk of using the tools available. WE MUST EMBRACE THE TOOLKIT WE HAVE.
- Anti-Social Behaviour is about understanding and managing the many dimensions of human behaviour which has been influenced by a multitude of factors including trauma, dependency and mental health concerns. To find a solution to most cases, we must work creatively and collaboratively. This means embarking on a cultural shift that enables practitioners to work holistically and take risks. How many Police Forces have even applied for a Part 1 Civil Anti-Social Behaviour Injunction?
- If you truly want to put victims first, practitioners must be prepared to challenge the consensus. Most practitioners want to do the right thing for the victim, and they come unstuck because partner agencies are unwilling to work collaboratively. In these cases, practitioners can advise victims to invoke the ASB Case Review to request a review of their case or A PRACTITIONER CAN INVOKE THE COMMUNITY TRIGGER ON BEHALF OF THE VICTIM.
- Organisations should embrace the benefits of the ASB Case Review rather than view it as a bad thing. The process is not about apportioning blame. It is about working with every stakeholder to find a resolution for the victim and mitigate against an escalation. IT IS AN OPPORTUNITY TO PERFORM YOUR MORAL AND LEGAL DUTY WITHIN YOUR COMMUNITY.
- A vital lesson from the Pilkington case is that we must make it easy for victims to be heard. We should all bear the responsibility of showing victims that they have the right to be heard and the ASB Case Review is their statutory right to request that. Crucially, we must not treat each incident in isolation and fail to appreciate the cumulative impact on the victim. This was highlighted in the Pilkington serious case review but my interaction with victims recently shows a reluctance to join the dots.
- All agencies should be proactive in establishing a pathway to support victims from the outset of their complaints about anti-social behaviour. The Pilkington case review shows us that determining a victim’s vulnerability cannot be adduced correctly from a five-minute visit to an address and based on the persons appearance and responses during that short interaction. Victims must be afforded the time and opportunity to speak with someone supportively about how the anti-social behaviour is affecting them and their family.
- We must be embedded in our communities and foster a spirit of vigilance so that residents can speak on behalf of victims and be listened to. My recent visit to Bardon Road shows how easy it is to form an incorrect opinion based on what a place looks like. We know from the serious case review that officers deployed resources to a different area because the anti-social behaviour on Bardon Road appeared insignificant compared to other streets where the traditional tell tales signs were unavoidable. Anti-social behaviour is nuanced and arguably more so today with the emergence of sophisticated organised crime groups. We must all be prepared to scratch the surface, ask questions, be present on a street and work with partners to gather and share intelligence. Only that way can an objective assessment of a case be made, and the victims be seen and heard.
There will be new practitioners entering the work-place in 2020 who have never heard the name Fiona Pilkington. There will be experienced practitioners who hear the name Fiona Pilkington and give a sigh because they have caught the Pilkington malaise. WE MUST NOT LET THIS HAPPEN. We all have a responsibility to learn the lessons and consolidate them by applying them to anti-social behaviour trends in 2020.
You can read the serious case review here
You can read about the ASB Case Review and our new ASB Help PLEDGE on our website
Contact us here
Rebecca H Brown is the incumbent CEO of ASB Help which champions for the voice of victims of anti-social behaviour to be heard.
Will you take the pledge?
The ASB Pledge
Following a successful pilot, The ASB Help PLEDGE is now available for all organisations.
ASB Help is committed to giving victims of anti-social behaviour a voice. We identified that by working directly with authorities responsible for managing the ASB Case Review, and their partner agencies, we could advise them on best practice and help them to shape their policies and procedures to ensure victims of anti-social behaviour can easily invoke their statutory right to a review of their case. And crucially, that once activated, the ASB Case Review brings about purposeful action to bring an end to the anti-social behaviour.
We know that some organisations don’t embrace the ASB Case Review. This may be because they feel the process will reflect badly on their organisation or they have not been shown the opportunities the process can bring to the victim and agencies in the area to work collaboratively and resolve serious cases of anti-social behaviour once and for all.
ASB Help established the ASB Help PLEDGE to challenge faulty ideas around the ASB Case Review and help organisations to create robust and inclusive policies that will make it easier for victims to invoke the ASB Case Review and enable all stakeholders in the community to play an active role in resolving entrenched anti-social behaviour.
Embracing the ASB Case Review process is everyone’s opportunity to take back control of anti-social behaviour in their community and make it a better place to live.
In the last six months, ASB Help has been working with a Local Authority on a pilot of the ASB Help PLEDGE. Using ASB Help’s self-assessment tool, every component of their existing policy and standard practices were scrutinised and tested for being victim focused and conducive to resolving anti-social behaviour. Having an honest conversation about their current practice led to an appreciation that change was required. In just under 6 months, the Authority has fundamentally reshaped how they manage the ASB Case Review. Changes have included internal staff training, creating a directory of contacts in partner agencies, identifying potential ASB Case Review Chairs for review meetings and raising awareness in the community about the ASB Case Review and how it can be invoked to ensure the most vulnerable victims know they have the right to request it. ASB Help has provided the Authority with template documents which deal with issues such as information sharing, how ASB Case Review meetings should be managed, the suite of interventions available for managing cases of anti-social behaviour and guidance on how to ensure the victim is supported and represented throughout the process.
Following this successful pilot, we invite all Authorities with responsibility for the ASB Case Review, as well as partner agencies managing anti-social behaviour, to sign up to the ASB Help PLEDGE.
Show your commitment to victims today and see more about what you are pledging to do and how it will help your organisation be ahead of the curve in community safety.
You can view the Pledge here, and the Pledge FAQ's here
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
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.
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.