Councils to be forced to support victims in ASB shake-up

Local authorities and other agencies will be forced to support victims of persistent antisocial behaviour, under plans announced by Crime Prevention Minister James Brokenshire.

The long-awaited Home Office consultation paper, More effective responses to anti-social behaviour, also confirmed that the anti-social behaviour order (ASBO) and other court orders are to be scrapped.

Amongst the measures put forward to replace ASBOs are so-called “Community Triggers”, under which local authorities, the police and other local agencies will be “compelled to take action if several people in the same neighbourhood have complained and no action had been taken”.

These triggers will also apply where the behaviour in question has been reported to the authorities by an individual three times, and no action has been taken.

Under the plans the local authorities in question will have a duty to inform the complainants within 14 days of what they planned to do. The new breed of Police and Crime Commissioner – to be introduced in 2012 – will then be able to 'call in' the authority for an explanation if they felt the response was inadequate, the Home Office said.

Other proposed measures include:

• Criminal Behaviour Orders: these will be issued by the courts after conviction and ban an individual from certain activities or places and require them to address their behaviour, for example by attending drug treatment programmes. A breach would see an individual face a maximum five-year prison term
• Crime Prevention Injunctions: these will be designed to “nip bad behaviour in the bud before it escalates”, and be subject to a civil burden of proof. This will make it quicker and easier to obtain than previous tools, the Home Office said. Adults found to have breached the injunction could be imprisoned or fined, while those under-18 will face curfews, supervision or detention.
• Community Protection Orders: there will be one type of CPO to help local authorities stop persistent environmental anti-social behaviour such as graffiti, neighbour noise or dog fouling. A second type of order will allow police and councils to deal with more serious disorder and criminality in a specific place “such as closing a property used for drug dealing”
• Police 'Direction' powers: existing police dispersal orders will be brought into a single power that will allow the police to “direct any individual causing or likely to cause crime or disorder away from a particular place and to confiscate related items”.

These tools will replace 18 of the formal powers currently available to the police and local authorities. The government insisted that they would be “more flexible, quicker to obtain and less bureaucratic for police, courts and other local agencies”.

The Home Office claimed that a review had found there were too many tools for practitioners to tackle anti-social behaviour, “some of which are too bureaucratic, too costly and do not address underlying problems”.

It also suggested that the number of people who ignore their penalties was growing, which suggested “a persistent minority are still not being deterred from committing ASB”.

James Brokenshire said: "For too long antisocial behaviour has wreaked havoc in our communities and ruined decent people's lives. It is time for a new approach that better supports victims and makes it easier for the authorities to take fast, effective action.

"This consultation sets out a how we propose to tackle this stubborn problem, ensuring the most vulnerable in our communities are protected from the cowards and bullies who carry on in such an offensive manner. It is important there is no let-up – local areas must continue to use the most appropriate powers available to them."

The consultation follows the recent announcement of a trial in eight police force areas of a new approach to handling complaints of anti-social behaviour.

Housing Minister Grant Shapps also announced last month plans to make it easier for social landlords to evict tenants who commit persistent anti-social behaviour, through a new mandatory ground for possession.

A copy of the Home Office consultation document can be found here.