Be part of our ASB Pledge!
Thank you Solihull Community Housing for hosting me this week to talk to you about the PLEDGE. Very encouraging that we have so many partners wanting to take the PLEDGE and work with ASB Help on promoting the voice of victim’s of anti-social behaviour. Particular thanks to Victim Support in Plymouth, Hyde Housing, Sheffield City Council, Leicestershire Police, Stoke City Council and Surrey Police….Be part of this campaign and get in touch with ASB Help today to find out more about how we can help you to deliver the best service to your residents.
You can find out more information on the Pledge here
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
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.
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.
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.”
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.
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.
The First National Voice for Victims of Anti-Social Behaviour
Press Release: The First National Voice for Victims of Anti-Social Behaviour
It’s High Time Victims of Anti-social Behaviour received help to know their rights and get results.
ASB Help has launched what it believes to be the first national charity focused on providing information and advice to victims of anti-social behaviour. Motivated by the tragedy of Fiona Pilkington who in 2007 took her own life and that of her daughter’s after police ignored her 33 pleas for help, ASB Help seeks to provide an impartial voice for vulnerable victims across the country and make sure the new legislation works in their favour.
Baroness Newlove, herself a victim of anti-social behaviour which resulted in the tragic death of her husband, has expressed her delight at the launch of this service acknowledging that “no one should have to suffer its [ASB] consequences in silence but unfortunately there are still so many people doing just that”.
ASB Help reports that although in its early stages it is already receiving evidence of such suffering – over a third of respondents to the charity’s online survey state they have reported the issue more than three times and 76% of respondents state their problem, although reported, has not yet been resolved. In fact, only 6% report a satisfactory resolution to the issue.
“It’s particularly concerning” commented CEO Jenny Herrera, “to see a survey respondent state they believe there is a hate incident against them and yet they either didn’t know they should have gone to the police, or they have and the harassment continues”. ASB Help hopes to guide victims of anti-social behaviour so that they can report it to the right agency in the right way and as the charity grows, provide much needed personal support to those who feel no one’s listening or are suffering in silence.
