Our new report shows how victims are being let down by ASB Case Reviews
- Nearly half of local areas (44%) do not give victims the opportunity to attend the initial hearing of the ASB Case Review. Statutory guidance states that relevant bodies should always consider inviting the victim to attend a section of the case review meeting.
- Most local areas adhered to the criteria of three incidents reported in a six- month period. However, 27 out of the 230 areas also had additional caveats in order for a victim to meet the threshold – these caveats are not suggested in the statutory guidance and include such stipulations as the case must be closed or must not have been reported through diary sheets.
- In 62 out of the 230 responding areas, there was only 2 ways in which the ASB Case Review could be applied for. Interestingly, for 14% of those areas they had received no ASB Case Review applications.
We are really dismayed to see a lack of victims voice in the ASB Case Review process - as well as caveats added to whether someone can apply for a Case Review. To change this we want to see the below:
- All victims must be invited to attend for the first part of their ASB Case Review, so they have an opportunity to tell key agencies about the impact and harm the ASB has caused them.
- The threshold for the ASB Case Review, which is defined in the statutory guidance as making three (or more) qualifying complaints in a six-month period, must be made the legal threshold.
- ASB Case Reviews should be widely promoted and accessible to victims to submit an application by offering a range of online and offline opportunities to access the process and preferably a named contact.
- All ASB Case Reviews should have an independent chair, and this should be made a ‘requirement’ rather than a ‘recommendation’ in the statutory guidance.
- The appeals process for the ASB Case Review should be reformed and written into the statutory guidance, to bring about consistent practice for appeals across England and Wales.
We also want to see the Victims and Prisoners Bill do more for victims of anti-social behaviour and support the amendment being tabled by Lord Russell of Liverpool this week, as well as all the work Victims' Commissioner Baroness Newlove is doing to ensure victims of anti-social behaviour are recognised and supported.
While we continue our fight for victims to be heard - take a read of the report and let us know what you think!
Noise Nuisance- Part 1- General Living Noise
Following on from the really distressing and heart-breaking news that 56 year old, Mark Pearce, took his own life after 9 months of suffering and reporting noise to his housing association (as detailed by the Housing Ombudsman), we thought we would write a series of short blogs on noise nuisance. The impact it has on residents, the different types of noise nuisance, along with some hints and tips.
For this blog, we wanted to reflect upon some of the recommendations in the 'Spotlight on Noise' Ombudsman report. Whilst this tragic case pre-dates this report, it just reiterates the importance of reflecting on the cause of the noise to ensure the correct approach is taken in these circumstances.
Regardless of the cause of the noise, as illustrated by the Mark Pearce case, the impact can be devastating and those suffering may need support. Noise can be relentless, draining and can be detrimental to a person's health and wellbeing. It is vital that agencies assess and meet these needs to help relieve the impact it is having on their mental and physical health. Working in partnership with other agencies to provide this support is crucial.
Noise as many of you are well aware is the highest reported ASB case type. This is because it's what I would regard as an 'umbrella' term which encompasses so many behaviours from foul and abusive language, to frequent visitors, to loud music. In fact, there aren't many reports of ASB that do not have a noise element! However, not all reported noise IS ASB.
Babies crying, people walking on wooden/laminate flooring, sounds of the toilet flushing, bad plumbing or the washing machine running are things that should not be considered as anti-social behaviour. It is important to triage these reports and ensure that the right response is provided. Just because they are not ASB does not mean that there should be no action taken, just a different approach needs to be applied. Noise complaints are often managed through an organisation's ASB policy and procedure which are not appropriate for 'household noise'.
For example…
You shouldn't be looking to issue an ABC or ASB tenancy warning letter for the use of a washing machine at any hour of the day.
So what can be done?
A washing machine is an essential in the majority of people’s homes. Therefore, alternative approaches need to be looked at to ensure the home where the washing machine is, is not expected to remove an essential item from their property.
Simple approaches can be for the individual/s and/or landlords to use noise reduction pads underneath the washing machine and/or moving it from a space with significantly less insulation compared to other areas of the home can make a huge difference.
Mediation offered at the right time (and not too far down the line) is critical but it should not be offered under the guise of tackling ASB. If such issues are left unchecked, then neighbourly relationships can quick sour and become fraught... ASB or criminal behaviour may then follow. It is therefore vital that these matters are tackled at the first opportunity and 'nipped in the bud'. Further to this, to quote the Spotlight on Noise report, there needs to be "a proactive good neighbourhood management strategy, distinct to the ASB policy, with clear options for maintaining good neighbourhood relationships".
Hints and Tips for Practitioners
- Have a strong Housing Management Policy/Strategy and ASB Policy in place that is clearly defined.
- With two strong policies in place, ensure that every report of noise nuisance is triaged carefully and appropriately.
- Assess the case and if appropriate, issue diary sheets and/or the use of recording devices.
- Manage expectations! Inform the individual/s if the noise they are reporting is general household living noise or ASB and under which policy/procedure it will be managed under and what the process is.
- Working in partnership with other agencies is key.
- Encourage good neighbourly relations.
- Consider the impact the noise is having on the individual/s reporting the noise nuisance. Even if the noise is general household living noise, it can have a detrimental impact on their mental and physical health. Ensure there is support in place!
- Think about noise transference. Changing flooring from hardwood to carpet may be costly, but it can save lives.
If you need any further advice on noise nuisance cases and/or your policies/procedures, please get in touch with us via our Contact Us form.
10 YEARS OF ASB HELP
This week we celebrate 10 years of ASB Help. To mark the occasion we are releasing our first newsletter, with input from our founder, CEO and trustees. See what we have been up to over the last decade, and please continue to support us as we continue to fight for the rights of the victims of ASB.
Who? What? When? How...?
We receive a range of enquiries from victims every day relating to anti-social behaviour. So, we thought we would answer some of our most frequently asked questions to help you on your journey.
‘I am experiencing ASB, can you take action?’
ASB Help are a charity who offer advice to empower victims of ASB and assist practitioners in the field. As per our terms,
‘…although we have constructive and proactive relationships with ASB practitioners across England and Wales, we do not have any jurisdiction over them. Any actions taken by agencies are determined locally and we cannot take any responsibility for the outcomes of any cases we offer guidance on.’
Should you provide us with brief details of your case, including what action has been taken so far and the agencies you have reported to, we will endeavour to respond to you with the most appropriate advice and guidance from our team of specialists.
'So, who do I report ASB to?
There are a number of different agencies who work to tackle anti-social behaviour, with the main three being:
- Police- you can report anti-social behaviour to the Police on 101 (or 999 if you are at immediate risk of harm). They also have an online reporting tool should you not wish to talk on the phone initially.
- Local Authority- each Local Authority may have a different way of dealing with anti-social behaviour. For example, noise nuisance can be dealt with by either Environmental Health or a Community Safety/Anti-Social Behaviour Team (or both!). Whichever way it is managed in your area, there will be someone at your Local Authority to report ASB to and investigate the ASB you are experiencing.
- Housing Associations- some Housing Associations have a dedicated officer/team to deal with ASB. Many Housing Officers are trained to deal with reports of ASB in the same way specialised ASB Practitioners are. Similar to the Local Authority, there will be someone at your Housing Association you can report ASB to!
Take a look at our 'ACT NOW GUIDE' to help you decide who you should report the ASB you are experiencing to.
'Is what I am experiencing anti-social behaviour?'
Ultimately, anti-social behaviour is determined by it's meaning: '...behaviour by a person/s which causes, or is likely to cause, harassment, alarm or distress to persons not of the same household as the person.'
There is a very blurred line in what can be deemed as anti-social behaviour owing to it's meaning. For example, should you be experiencing noise nuisance as a result of the neighbour upstairs having laminate flooring in their property, on it's own this is not ASB, however it is still causing a nuisance and annoyance to you and therefore the harm and impact on you, the victim can be substantial. But this issue should be dealt with under the Housing Policy and Procedure in place by the landlord/letting agent.
The ASB Practitioner/Landlord should manage your expectations from initial conversations about whether or not they are able to take action on the issues you are experiencing and be proportionate in their response.
We recommend reading the 'Spotlight on noise complaints' report by the Housing Ombudsman to help with further clarity on this question and noise related ASB.
‘I am experiencing ASB but have been told that no action can be taken unless I keep a diary and consistently report the issues. I fear reprisals?’
For any agency, whether that be the ASB/Community Safety Team at your Local Authority, Housing Association or the Police, to take action, you will need to ensure that you are reporting all the issues you are experiencing.
- Keeping a log of incidents on paper (you may be given diary sheets to do this) or e-mail, helps you to keep track of your reports and helps the practitioner/s to take action.
- It's sometimes difficult to recollect when incidents have occurred especially over a sustained period of time when it all merges into one, but keeping an accurate up to date record, will help you if you were to attend court later on and provide a statement.
- You can choose to report this anonymously and provide an anonymous statement in court proceedings; this is known as hearsay evidence. However, it does not have as much weight as first-hand evidence.
We would advise you speak with the organisation you have reported matters to, and they will be able to explain the options available. They will also be able to discuss what happens if there are reprisals and swift actions that can be taken where there is a clear threat of harm (physical, psychological, emotional harm).
It is worth noting that in some cases, it would be difficult to discuss the ASB incident(s) with a perpetrator without them knowing who has reported it. For example, if you have had a verbal interaction with your neighbour and you do not wish for the perpetrator to be spoken to because they will know who has reported the incident, the options available to address the issue are limited.
‘I have experienced ongoing ASB for a number of years and I feel that no one is listening to me or taking action. What should I do now?’
If you feel that you have not had a satisfactory response to your reports and feel that more could be/needs to be done, despite reporting at least 3 incidents in the last 6 months, you should then take a look at the ASB Case Review (formerly known as the ASB Case Review). We have a page dedicated to the ASB Case Review on our website as well as a directory to all the Local Authority’s ASB Case Review processes. The threshold for the ASB Case Review can vary between each area, so make sure you read the requirements for your own Local Authority in detail before completing your application.
‘I have exhausted all avenues of reporting ASB, including the ASB Case Review/ASB Case Review. What is my next option?’
If you are not happy with the response you have had from your ASB Case Review application/meeting, you should look to see if you have grounds for appeal and follow their process.
Complaints are different to the ASB Case Review, the latter is about problem solving and developing an action plan in an attempt to resolve the ongoing ASB you are having to endure. If your matter relates to a complaint you have about service provision, then you can submit a complaint to the agency/s you are unhappy with. Complaints generally start with a Stage 1, which you can then progress to a Stage 2 if you are still not pleased with the response. Should you feel the responses from both the ASB Case Review and complaints process have not resolved your complaints or the issues you are experiencing, you could consider contacting the Housing Ombudsman.
'ASB is having a detrimental impact on my health and well-being, who should I turn to?'
We know that for many victims, anti-social behaviour can have a huge impact on their health and well-being, as well as affecting relationships both personal and professional.
Victim Support offers advice and support to victims of both Crime and Anti-Social Behaviour- https://www.victimsupport.org.uk/
If you are struggling with mental health and/or thoughts of suicide, please call and make an urgent appointment with your GP. You can also contact Samaritans for 24 hour support should you be having thoughts of suicide- https://www.samaritans.org/
We also have a Victim Services Directory on our website where you may be able to find some support more local to you.
ASB Awareness Week 2023- "KNOW YOUR RIGHTS"
This week (3rd - 9th July 2023) is ASB Awareness Week, with the theme 'Know Your Rights' and here at ASB Help we will be marking the week with lots of activities- including webinars, visits to schools and top tips!
Last year, there were 1.8 million reported incidents of anti-social behaviour (ASB) in England and Wales, with 40% of adults experiencing it in their local area - increasing from 27% in the last five years, (Crime Survery for England and Wales, 2022).
With this level of ASB, it has never been more important for victims to #KnowTheirRights, which is the theme for the week. Victims of ASB can get all the information they need about how to report anti-social behaviour and their rights throughout our website.
Keep your eye on our Twitter (@ASBHelp), LinkedIn and Facebook (ASB Help) to find out what we are doing and to get more information and top tips on your rights. We will also be asking questions each day to increase people's knowledge and awareness.
"It's never been more important for victims of anti-social behaviour to be recognised and supported. This ASB Awareness Week, we will be working hard to shout about victim's rights, and raise awareness of where they can turn to for help and support"- ASB Help Team.
If you do feel that you need further advice or clarification on your rights after reading through our website and social media channels, please take a look at how to contact us and other support organisations here.
Government's Anti-Social Behaviour Action Plan - March 2023
Following the Government's launch of their 'Anti-Social Behaviour Action Plan' on 27th March 2023, the ASB Case Review has now been re-named as the 'ASB Case Review'. We will be working through our website to amend the terminology over the coming weeks. Alongside the launch of the action plan, there has been a consultation opened on CSPs (Community Safety Partnerships) and anti-social behaviour tools & powers and their role in tackling anti-social behaviour. As per the Gov website 'This consultation is open to the public and targeted to those with experience working in, or with, Community Safety Partnerships , as well as those with interest in anti-social behaviour powers.' Follow this link to further information on the consultation and how to respond.
You can hear more from ASB Help about the Government's new Anti-Social Behaviour Action Plan on Wednesday 26th April 2023 at 9.30am, where our Practitioner Support Manager will be a panel member for Janine Green's online, roundtable discussion 'Debating the ASB Action Plan'. Click here for further details and to sign up!
ASB Victim Focus Group Recruitment- We want to hear from you!
We would like to add to our existing Victim Focus Group, to help us with our work by giving us your perspective on many topics within the ASB field.
Have you been a victim of Anti Social Behaviour? Do you have personal experience of the ASB Case Review Process?
We want to hear from you!
We believe that the best people to support our work are those who have experienced ASB first hand. We are involved in a wide range of projects across England and Wales ranging from legislative consultation, training and advice for practitioners to campaigning for victims rights and lobbying for change.
Your input could be invaluable in giving us the victims perspective on many ASB discussions.
Please get in touch with us at admin@asbhelp-co-uk.stackstaging.com
'Nail That Communication'- Building Work Advice
With an increase of enquiries relating to domestic building work coming through to us recently, we thought it may be worth sharing a blog with some advice and information for both victims and those looking to/ already carrying out building work on their homes and/or other buildings in residential areas.
Please consider that building work is not ASB in it's own right, but is often a contentious issue owing to the problems it can cause for neighbours. The following issues are often raised with us when victims report building work:
- Noise nuisance- Persistent noise, particularly being an issue after a certain time of the day.
- Light being blocked- For example, if scaffolding is erected and is up for a prolonged period of time.
- Time the work is taking- Often neighbours are not made aware of how long neighbour's building work is going to take.
Our advice to those looking to or already carrying out building work:
- Informing your neighbours of what work you are having done and how long it is going to take, is important. It means they are able to prepare for noise and can make alternative arrangements for every day activities. (If you do not already have a great relationship with your neighbour, perhaps put this information in writing to avoid confrontation.) For example, there has been a recent increase of people working from home. If they are made aware of the details of the building work, such as when the most noise will be taking place, then they are able to arrange to work in a different setting.
- Consider the times of day that the building work starts and finishes. Although you can not work around every individual's working day or routines, being reasonable in the time that power tools and hammering are used can allow for your neighbours to have respite from the building work. If you consider that many people move out of their homes to renovate properties due to the mess and noise it can create, appreciate that your neighbours are having to live through it.
- When erecting scaffolding that may encroach on your neighbour's light and/or privacy, discuss this with them beforehand, so they are again able to make alternative arrangements. For example, during the summer months, particularly if your neighbours have children, they may want to use their garden, have BBQs and may even arrange parties. If they are aware of how long the scaffolding is going to be up, they can again make alternative arrangements and understand that it is not going to be there for the foreseeable.
COMMUNICATION IS KEY!
If you are a victim of ongoing nuisance from building work:
- Have you spoken to your neighbour who is carrying out the work? They may not understand the impact it is having on you and/or your family and you may be able to come to an agreement that suits both parties. If the relationship between you and your neighbour is not amicable and you think approaching them may cause further issues, put your concerns to your neighbour in writing, explaining in detail how the work is effecting you and/or your family.
- If you have spoken/written to your neighbour and you feel that they have not listened to your concerns, we would advise for you to contact your Local Authority's or other Housing Provider's ASB/Community Safety team to see if they are able to facilitate some mediation between you and your neighbour. In doing so you will be able to discuss your concerns and understand their point of view in a controlled environment where you can come to a mutual agreement.
- If you feel that after speaking to your neighbours regarding noise nuisance from the building work that the noise is still causing a nuisance or annoyance during hours that you do not feel is acceptable, we would advise for you to contact your Local Authority's Environmental Health team. They will be able to give you information on what hours they deem acceptable for noise of this type to go on for and may be able to speak to your neighbours on your behalf. If after having a discussion with your neighbour the issues are still ongoing, the Local Authority or Housing Provider may then seek to take further action.
- If you have concerns around whether your neighbour has received planning permission for large building projects, we would advise you to contact your local planning department to ensure that planning permission has been granted. If you have concerns around a building being worked on/erected is dangerous, then you can report your concerns on the following link: Report a dangerous building or structure - GOV.UK (www.gov.uk)
If you need any further clarification on the information we have provided, then please feel free to contact us and we will be more than happy to advise.
If you have any other ASB related topics you would like to be featured in our next blog, please let us know!
Recruiting Volunteers
We are looking to recruit a number of volunteers to support our existing team in their work with both practitioners and victims of anti-social behaviour.
The work will involve dealing with enquiries from victims and offering support and advice as well as supporting our team with a range of projects working with agencies throughout England and Wales.
Although experience of working within the anti-social behaviour sector is preferable, it is not essential as training and guidance will be provided.
We would ask that you are able to commit to 4 hours per week.
Although it is an unpaid role, all general expenses incurred when working for the charity will be reimbursed.
Please forward your CV and a short cover letter detailing your interest and suitability for the role to admin@asbhelp-co-uk.stackstaging.com
ASB Help Featured on Panorama
ASB Help were featured on BBC Panorama on 24th January 2022 which sought to raise aware of the scale of ASB that is continuing to occur up and down the country and promote the ASB Case Review (ASB Case Review). If you missed it, please see the following link:
Panorama, Anti-Social Behaviour: Afraid In My Own Home: www.bbc.co.uk/iplayer/episode/m0013w6h via @bbciplayer
Unfortunately, as there is no quantitative data held nationally on the use of all the tools and powers introduced by the ASB Crime and Policing Act 2014, we can only rely on the qualitative data we obtain from ASB victims who contact us and from practitioners in the field. So we are unable to establish how widely the tools and powers are being used.
It is clear to say, however, there is a lot of good practice out there and a lot of ASB is nipped in the bud early and addressed by non-legal tools such as mediation, restorative justice, warning letters, Acceptable Behaviour Contracts or Neighbourhood Agreements for example. However, there are cases that slip through the net and some victims continue to suffer from ASB for an unnecessary amount of time.
The ASB Case Review (also known as the ASB Case review) is an ASB victim's statutory right to request a review of their case where persistent ASB is reported and they believe there are further actions available to resolve the matter. The minimum threshold to raise the community trigger is 3 incidents in the proceeding 6 months before the trigger was activated all of which need to have been reported to the housing association (if relevant), local authority or police and have caused harassment, alarm or distress.
The process of the review encourages a problem-solving approach aimed at dealing with some of the most persistent, complex cases of anti-social behaviour and be able to look at the case in a holistic manner and take a joined up, problem-solving approach to find a solution for the victim.
Consideration should always be given on how victims can best express the impact that the ASB has had on their lives.
Agencies should always consider inviting the victim to attend a section of the case review meeting to help all members of the panel understand the level of harm and impact.
Panorama highlighted that 1 in 5 local authorities that responded to their Freedom of Information request (195 in total responded) had not completed any ASB Case Review review hearings. These statistics demonstrate that further work is still required to improve and promote the community trigger process and ensure it does not remain a postcode lottery.
Our aim at ASB Help is to raise awareness of this tool and ensure the victims' voice is heard and to work with practitioners to ensure best practice is followed by the agencies administering the process:
- We give advice on the community trigger process to victims
- We signpost the victim to their local CT process if they are not able to do so themselves or don’t know how to
- We work with practitioners to improve service delivery. As part of this we have introduced an ASB PLEDGE which is designed to encourage national consistency in the administration of the community trigger, assist practitioners in working to models of best practice as well as fulfil parliament’s intention to provide victims with a safety net to reduce the harm of ASB
We are calling out to all authorities involved in the ASB Case Review process (whether you are a housing association, local authority or police) to get in touch and sign up to our pledge, to demonstrate your commitment to placing the victim at the heart of tackling ASB and move towards setting national good practice and standards in relation to the ASB Case Review.