Your ASB Weekly Mailing - 19.02.2024
Welcome to our new weekly email update – designed to help keep you updated with helpful insights, interpretations and opportunities to develop your understanding on the latest developments in the world of ASB.
Key Findings From The Antisocial Behaviour Review In Scotland
The recent review on ASB in Scotland, commissioned by the former Minister for Community Safety, Ash Regan MSP, and undertaken by the Scottish Community Safety Network (SCSN) and the Scottish Government has been published. The review, which engaged various stakeholders representing different sectors and communities across Scotland, underscores the complex nature of ASB and the imperative for collaborative action. The report highlights two key recommendations:
- The need for a long-term approach to addressing ASB, which acknowledges societal changes and aligns with national policies
- The proposal to establish an expert group to develop a comprehensive framework for tackling ASB, with a focus on preventive measures and the evaluation of existing strategies.
Darren’s Thoughts: This report is really promising in terms of the Scottish government acknowledging the need for a long term approach and their desire to develop a comprehensive framework. The emphasis on the partnership working and support – and looking to highlighting root causes such as poverty, stereotypes and drugs and alcohol could allow for a solution which really is fit for purpose. It would be even better if they gave a timeline on when they plan to move forward, but this is definitely a step in the right direction.
Government Consultation On Reforms To Social Housing
The consultation on the “three strikes and you’re out” policy within the ASB Action Plan has been launched for 8 weeks from the end of Jan (full details can be found here). In summary, they are seeking feedback on key issues such as eligibility criteria and eviction grounds including the three strikes and you’re out policy. It focuses on implementing measures like a UK connection test, mandating various eligibility tests, and introducing a new eviction ground for terrorism convictions. Input from local housing authorities, housing associations, and stakeholders will inform policy implementation, with existing tenants unaffected by the proposed changes – this is aimed at new tenants.
Janine’s thoughts: Although this consultation is mainly aimed at housing associations, we think it really important that all ASB professionals feed into this debate as it could change the implementation of the reforms. The changes proposed seem to provide little value other than raising the expectations of our residents unrealistically. A joined up approach is what is needed here, or this could become yet another sticking plaster. It is important as a sector that we come together to respond to these plans and raise our concerns about the practical implications.
ASB Help Launch Their ASB Report
ASB Help have launched their new report looking into the effectiveness of the ASB Case Review. Although they describe the ASB case review as being pivotal in addressing ASB issues across England and Wales, they comment that it remains underutilised and inconsistent, particularly from a victim perspective. Their main findings state that despite a notable volume of applications, less than half of victims meet the local threshold for review, with significant variations in thresholds creating a postcode lottery effect. The report highlights challenges in promoting and accessing the ASB Case Review, with many victims unaware of its availability.
Key recommendations made by ASB Help include ensuring all victims are invited to participate in the initial review phase, establishing a clear legal threshold for eligibility, and promoting the review process widely. Additionally, the report advocates for independent chairs for all reviews and calls for reforms in the appeals process to ensure consistency and involvement of Police and Crime Commissioners. These proposals aim to enhance accountability and support for victims of persistent ASB, offering ASB professionals an overview of critical issues and recommendations for improvement.
Download the report here: ASB Help ASB Case Review Report Jan 2024 (2)
Janine’s thoughts: This report makes several key points which the local areas should take note of. Advocating for a joined up approach with more focus on independent adjudication could bring more credibility to the process – which should be welcomed by all ASB professionals. We have a significant amount of experience offering independent chair services, and welcome the opportunity to expand this further and offer our services to more organisations to strengthen the ASB Case Review process.
Nightingale & Anor Vs Bromford Case Outcome
The Nightingale & Anor -v- Bromford case outcome has been delivered, where the judge has upheld the appeal regarding the possession order. This case brings to the fore the importance of considering proportionality, not just at the point of making a decision to seek legal action but also throughout the case and right up to the point of the court hearing, particularly in cases where the equality act applies.
Housing Ombudsman Service Report
This report extensively examines the handling of a resident’s complaint regarding ASB by the landlord, focusing particularly on the landlord’s adherence to proper procedures and good practices. It highlights a series of failures on the part of the landlord, including a lack of coordination between its teams and the police, insufficient investigation into the resident’s concerns, and a failure to provide adequate support and communication. Despite the resident’s consistent reports of serious issues such as gang-related activity, the landlord repeatedly referred her back to the police without taking appropriate action, leading to significant distress for the resident over a five-year period.
Furthermore, the report delves into the mishandling of the resident’s complaints about the landlord’s response to ASB, highlighting the importance of distinguishing between complaints about ASB itself and service complaints about the handling of such cases. It critiques the landlord for failing to address the resident’s concerns adequately and for not following its own complaint handling policy. The report emphasises the landlord’s lack of empathy and failure to communicate effectively with the resident, leading to further distress. Recommendations include compensation for the resident and a thorough review of the landlord’s procedures to ensure better handling of future complaints.
If this report has triggered an action point for your team on handling complaints, then our e-learning training on interviewing complainants could be really useful. Check out the programme to see if it would benefit you or your team.
New Insight
In honour of LGBTQIA+ History Month, our latest article delves into a topic that is growing as an issue: the surge in hate incidents targeting the LGBTQIA+ community and the response required as ASB professionals.
Support for you:
Our next free webinar is 27th March at 9:30am – and we need your help! Let us know by hitting reply to this email what topic you want us to cover. We are committed in 2024 to bringing you helpful relevant and timely support, so if there is a pressing issue that you would like us to deep dive into, then let us know. If we can’t cover it in this session, we will look to incorporate into our upcoming schedule. The link for the webinar will be shared in a future mailing to you so look out in your inbox.
That is it from us this week – if you have any comments, thoughts or need support on the back of anything we have been discussing this week – hit reply and let us know!
Janine & Darren