Implementing the Act CIH South West region Gloucestershire and Wiltshire Area Group 20 October 2014 Sara Hendry ASB Manager Gloucester City Homes (GCH) & Project Solace
Outline of presentation Introductions Context of GCH & ASB Teams New tools? Our current approach Current Limitations with ASB Powers pre Act Case studies pre and post the Act Implementation Opportunities/Threats we face
About Gloucester City Homes (GCH) Launched in 2005 An Arms Length Management Organisation wholly owned by the City Council Manages and provides housing services for our 4,800 tenants and leaseholders 3 star excellent rating from the Audit Commission in 2010, with excellent prospects for improvement; Julie Watts, Audit Commission Lead Housing Inspector, said: We are very pleased to offer Gloucester City Homes as a model of excellence to other housing organisations and as a benchmark of positive practice (December 2010) Government accepts Council onto the 2014-15 Stock Transfer Programme Tenants vote in favour of stock transfer September 2014 From April 2015 a Registered Provider with charitable status
Our ASB Service GCH have an effective strategic approach to ASB and a wide range of prevention and reactive actions are having a positive impact. (Audit Commission December 2010) GCH is well ahead of the game (Tenant Scrutiny Report Dec 2013) GCH have two Anti-social Behaviour Teams GCH ASB Team Project SOLACE Tenure Neutral Service One Stop Shop Nationally recognised as Best Practice
Strengthening our ASB Service Building Partnerships/Co-location Families First Avenger Task Force Police, YOT, Probation, Social Care Great Expectations Aston Project City Safe
New tools? Our current approach Triple Track Approach prevention and early intervention; enforcement; support to tackle underlying causes Main enforcement tools Non Legal Remedies including Restorative Justice/Mediation ASB Injunction CRASBO (Anti-Social Behaviour Order on Conviction) Dispersal Order Eviction
Current Limitations with ASB Powers pre Act Lack of clarity about responsibility which organisations issue is it in absence of tenancy agreement or a crime? No obligation on support providers to assist or mechanism for ensuring engagement from resident Fewer enforcement mechanisms - Injunction requires a link to a social housing management function/no tenancy agreement control Only legal tool remaining requiring higher standard of proof ineffective locally CPS cuts Strong focus on prohibitions
Case Study (GCH Property) Jake lives with his grandmother in a GCH property. He is aged 15 but has been a long term perpetrator of ASB in the area, including; - name calling - intimidation - bullying - criminal damage - shouting - swearing - smoking cannabis. Jake was imprisoned in a young offenders institute for two years after committing arson in the area. Upon his release he has returned to the area and instantly continued to bring misery to residents
Case Study (GCH Property) Current Challenges: Community feel that nothing can be done and loose faith in the system ABC and support referrals with positive requirements are not enforceable ASBO / CRASBO requires higher burden of proof and places pressure on witnesses who are already fearful Injunction or Notice of Seeking Possession against Grandmother may be unfair given circumstances involving social care
Case Study (GCH Property) The ASB Act Community can raise a Community Trigger to ensure their complaint is being dealt with effectively IPNA can be placed on Jake to include prohibitions but most importantly positive requirements to address his behavioural issues IPNA can also be placed on grandparent as tenant, to also include positive requirements that assist her with managing Jake s behaviour Mandatory ground for possession of property upon breach of grandparents injunction or CBO going forward?
Case Study (Home Owners Project Solace) Mr Smith lives next door to Mrs Taylor both are home owners. Mr Smith is causing a number of problems towards Mrs Taylor and her family, including: Repeatedly spitting and dumping rubbish onto her garden (he has only been physically seen chucking something into their garden once) Making comments about Mrs Smith disabled partner shouting you shouldn t be living in the community and telling him people like you should be locked up in nut house and the keys thrown away Standing outside and staring as Mrs Taylor, her family and visitors who come in and out of her house Loud banging coming from inside the property several times a week during early hours of the morning Mr Smiths property appears to be in disrepair from looking at it from the outside with several broken windows and his front and rear garden overgrown. Project Solace, the Police and Local Authority have received numerous phone calls and complaint letters from Mr Smith which have led to concerns about his mental well-being.
Case Study (Home Owners Project Solace) Current Challenges: All informal interventions exhausted Actions were not addressing concerns regarding mental health and no consent from Mr Smith to share information Difficult to get safeguarding/support services to engage not meeting minimum criteria and reduced statutory resources ASB tool remaining is ASBO as no housing management link difficult to define behaviour as causing harassment, alarm or distress/no witnesses or independent witnesses meaning beyond reasonable doubt hard to satisfy Lack of support to victim
Case Study (Home Owners Project Solace) The ASB Act Community trigger recourse for complainant Legal option would have been an Injunction (had it not been delayed) Move from tenure of the behaviour to location of the behaviour Nuisance and annoyance fits a broader range of behaviours balance of probabilities is it more likely than not to have happened? Use of hearsay Can include positive requirements Making application can lead to mental capacity assessment/agencies being summoned
Case Study (PSPO / CPN) Communal area to large block of 1 bed properties. Area suffers from a number of issues; 1) People congregating and drinking 2) Dogs off leads / dog fouling 3) Littering 4) Fly-tipping
Case Study (PSPO / CPN) Current Challenges Powers available to landlords are limited Large number of people involved in nuisance which makes it difficult to take action Closing down areas punishes good tenants who have a right to use the area. Injunctions sought against individuals require witnesses to come to court for breaches
Case Study (PSPO / CPN) New ASB Act Could work with Local Authority to implement PSPO which prohibits certain activities within the communal area and promotes a preventative approach to the problem Could issue CPN to individuals followed by FPN where immediate fines are given to promote a reactive approach to the problems Who will be the lead?
Implementation (1) Early Training for ASB and other front line teams Briefing notes to all staff/board Updates at patch/team meetings County Wide Meetings/Networking April 2014 onwards Work Stream Meetings / Table Top Briefings Draft Guidance/Procedures Staff Training - alongside Police, key partners and RPs on local implementation
Implementation (2) Changes to HUB Caseworks (ASB Software) Community Trigger website, existing ASB steering group Implementation of Low Level ASB Protocol Neighbourhood and Policing Teams Tenancy Project Policy and Strategy Review
Opportunities/Threats we face (1) Legal Challenge Cost and Case Law Improving Relationships & Agreeing MOUs with YOTs, Non Statutory Partners for Support Plans, CPS, Magistrates (Rights of Audience/Training) Sourcing new funding streams Support, tailor made in house interventions Delegated authority to Housing for CPN - do we want it, will we get it, what extra work will this entail? No standardised information available from CIH or SLCNG late statutory guidance, pending revised Toolkit
Opportunities/Threats we face (2) Not a huge difference for us as an RP BUT HAs expected to pick up more and more What will workload look like taking lead on additional actions, and enforcement of these. Community trigger/remedy Mandatory grounds expectations from partners, notice period for review & reasonableness. Right tools by the right people at the right time
Thank you - Any questions? Contact: Sara Hendry Gloucester City Homes Railway House, Bruton Way Gloucester, GL1 1DG Tel: 0800 408 2000 or 01452 833110 Email: sara.hendry@gloscityhomes.co.uk