Background
The government has signaled its commitment to make it easier for local authorities and housing associations to respond to anti-social behaviour (ASB) more quickly and in a less bureaucratic way.
Effective ASB strategies should focus on prevention and early intervention, but if serious ASB persists, then eviction may be a necessary final resort. The government recognises that there is widespread frustration, not least amongst victims and witnesses, about how long that process can take, even when a court has, for example, already found that a breach of an injunction for housing-related ASB has occurred.
Emphasis is being placed on effective partnership working and focuses on reduction of harm to both victims and perpetrators. This is a difficult combination to achieve in the current economic climate. There are some pilots that are taking place to achieve this and information will be shared when the findings of the pilots are known.
What is being proposed?
The government is looking to introduce a mandatory, rather than a discretionary, ground for possession for ASB in circumstances where a housing-related conviction for an indictable offence, or breach of a court order for anti-social behaviour, has been obtained.
Whilst the introduction of mandatory grounds seems attractive, housing providers must ensure that the action proposed is proportionate as highlighted in the Manchester City Council v Pinnock case (2010). In addition, it is key that both effective local information sharing protocols and partnership working are in place.
We believe that this has the potential to significantly reduce the time from possession claim to a decision by the court. The court will usually need only to determine that an objectively established ground for possession has been made. In consequence, hearings should on average be much shorter and court time more readily available. In ASB cases where serious harm is being caused to individuals and communities the Ministry of Justice will explore whether there are any unnecessary obstacles to their swift resolution.
There is a risk that eviction displaces rather than solves the problem. The Government recognises that the threat of housing sanctions can be effective in persuading perpetrators to change their behaviour. By making eviction a more real and immediate threat for serious ASB the proposals can help create a culture where anti-social tenants know that their behaviour will not be tolerated.
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The tenure reform proposals could create new incentives for tenants to behave in a way that respects their neighbours and makes it easier for landlords to end tenancies where they are behaving anti-socially.
The ASBO (Anti-Social Behaviour Order) is not considered by the government to be an effective tool for dealing with ASB and therefore it has been proposed that this will be removed from the toolkit, as will ASBIs (Anti-Social Behaviour Injunctions). Through WM’s response to the Home Office Consultation on more effective responses to ASB, we stressed the importance of retaining the ASBI. The three-month consultation process closed on 17 May 2011.
The consultation suggested that the current tools to tackle ASB are reduced from approximately eighteen to four. It proposed that the new measures come into effect from 2013 and until then the current tools remain in place.
Recently the government asked members of the Social Landlord Crime and Nuisance Group to provide feedback to a series of questions around timescales taken to achieve possession cases due to ASB. This will help inform the government when discussions are held with the Ministry of Justice around court processes relating to serious ASB.
The government wants to empower people to shape the way police and others deal with issues that matter most to them. It is envisage that this will be progressed through elected Police and Crime Commissioners (PCC’s), street-by-street crime maps and regular neighbourhood beat meetings.
What should local authorities and housing associations do now?
It would be good practice for local authorities and housing associations to undertake a comprehensive review of their ASB processes following the government changes.
Where can people find out more?
www.homeoffice.gov.uk/publications/consultations
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