Local Government Lawyer Insight July 2017 LocalGovernmentLawyer 35 The Anti-Social Behaviour, Crime & Policing Act 2014 feels like it only came into force yesterday, but has been in force for a number of years now and a number of registered providers, local authorities and partner agencies have used the remedies and powers introduced under it. The legislation followed a government white paper called Putting Victims First with the then government wanting a much more victim-centred approach in relation to ASB remedies and tools, a focus on reducing the number of remedies which were available at the time down to a much more concise and efficient suite of remedies with a view to expediting the legal process for the victim. There has been commentary of late in Hansard as to whether or not the idea of this victim-centred approach and expedition in relation to legal proceedings has been achieved. It may be a good point in time just to recap from a registered provider’s perspective as to what remedies and tools were introduced under the 2014 Act. We now have the Civil Injunction Order which is very similar to the previous Anti-Social Behaviour Injunction save that such applications can be applied for against minors and positive requirements, in relation to addressing the defendant’s behaviour, can be sought. The power of arrest remained a remedy. We also now have a mandatory ASB ground for possession (which the Government was very keen to introduce) whereby this ground can be relied upon if one of five conditions set out in the Act are met, which includes a conviction of a serious offence (see Schedule 3.2 of the Act which sets out a long list as to what is considered as a serious offence); a committal finding in breach of a Civil Injunction Order; a breach of a Criminal Behaviour Order; a conviction of an offence under the Environmental Protection Act (statutory nuisance) (these conditions apply to the tenant, a member of their household or visitor); a Closure Order. There is then the Community Trigger (a new concept introduced under the Act) whereby an aggrieved victim has the right to make a complaint against the actions or failure to act by certain partner agencies (including RPs) via an application to an ASB Case Review Panel led by the relevant local authority. There are, of course, other remedies and powers introduced in the Act which refer to remedies and powers available to other partner agencies including the Police and local authorities. I do not intend to address those in this article. Our experience We at Radian, similarly to other registered providers, have used the Civil Injunction remedy a great deal. My own view is that it is a very effective remedy and in a lot of cases, not only does it assist in abating the anti-social behaviour complained of (often serious cases of ASB), it enables the perpetrator to take control of their actions and engage with support with a view to sustaining the tenancy going forward. My view is that this is very much a very quick and effective remedy, particularly in cases of urgency and we have often applied for Civil Injunctions with power of arrest and sometimes exclusion provisions (whereby the perpetrator is excluded from the property and sometimes the surrounding area) on the same day that the incident or incidents have arisen or certainly the following day depending on the Court availability and timetable. I do think this is a remedy has achieved the Government’s intention of a victim- centred approach with an expedited process in cases of urgency. I mentioned exclusion provisions and these are reserved for the most serious of cases where the perpetrator is a risk and danger to others as a result of their conduct and it is necessary for the Court to consider a provision in the Civil Injunction preventing them from remaining in the property and in some cases the surrounding area. The court, in accordance with the statutory guidance which the supports the legislation (see Home Office Statutory Guidance for Frontline Professionals July 2014) will only make such orders in the most serious of cases because by its nature, it is excluding a resident from their home. That said, we have obtained such Scott Greenwood gives a registered provider’s perspective on the effectiveness of the Anti-Social Behaviour Crime and Policing Act 2014 so far. Fit for purpose?