Your ASB Weekly Mailing – 26.02.2024
The Housing Ombudsman Complaints Handling Code 2024
The new complaints handling code is coming into effect from the 1st April 2024 (you can view the full document here). The code obviously plays a crucial role in guiding the practices of ASB professionals – and this latest iteration covers these key areas:
- Universal Definition of a Complaint: Establishing a clear and consistent definition of what constitutes a complaint.
- Access to Complaints Procedure: Ensuring easy access to the complaints procedure for residents and making them aware of their rights to access the Housing Ombudsman Service.
- Structure of Complaints Procedure: Streamlining the complaint process to only two stages and providing clear timelines for responses.
- Fairness in Complaint Handling: Prioritising fairness in handling complaints by adopting a process that is resident-focused.
- Action and Remedies: Taking appropriate action to address complaints and providing suitable remedies to resolve issues.
- Positive Complaint Handling Culture: Promoting a culture of positivity in handling complaints through continuous learning and improvement.
- Demonstrating Learning: Documenting and showcasing learning from complaints in annual reports to drive improvement.
- Self-Assessment: Conducting annual self-assessments against the code to ensure compliance and identify areas for enhancement.
What is important to note is the code underscoring the necessity for ASB professionals to accurately identify whether a report constitutes a service complaint or a service request. Furthermore, the code highlights the expectation for housing providers to proactively discern when a report should be classified as a complaint, even if the individual reporting the incident does not explicitly state their intention to lodge a complaint. This proactive approach is designed to ensure that potential issues are addressed promptly and effectively.
To align with the Complaints Handling Code, ASB professionals should undergo comprehensive training to recognise the nuances between service complaints and service requests accurately. This training will enable the appropriate response to reports of ASB and ensures that both ASB policies and complaints policies explicitly reference and distinguish between the two types of reports.
Janine’s Thoughts: I like the distinction that the latest update draws between a service complaint and a service request.
- Service complaint – ‘I submitted diary sheets 8 weeks ago and haven’t had a response’
- Service request – ‘my neighbour has threatened me’
It also places the onus on us to proactively recognise a service complaint, whether explicitly referenced as a complaint or not. For us, we need to ensure officers are trained to recognise when something should be categorised as a complaint, and make sure your ASB policy and complaints policy reflect the distinction. The other important aspect to consider is to embed the ASB Case Review into your processes – which would be really helped if the language was updated in Section s104 ASB of the Crime and Policing Act 2014 (The ASB Case Review) to reflect “ASB Complaints” to ASB Reports so that there is consistency. Reach out to us if you have a training need in light of this new policy coming into effect.
London Assembly Member Calls For Improved Response To Cuckooing
At the start of this month Unmesh Desai, London Assembly Labour’s spokesperson on policing and crime, renewed the urgent need to address the issue of “cuckooing” which he highlighted in his 2023 report, by writing to London’s Deputy Mayor for Policing and Crime, Sophie Linden.
Desai urges the government to designate cuckooing as a specific offence to enhance police recording and response. He has requested updates from the Deputy Mayor on the progress of recommendations outlined in his 2023 report, ‘Addressing Cuckooing in London.’
Recent high-profile cases, including one resulting in a tragic death in Camden have underscored the severity of the issue, that has been increasing over the last decade. Desai stresses the importance of better recording, awareness-raising, and a review of existing laws to combat cuckooing effectively. He calls for prompt action to prevent further exploitation of vulnerable individuals by this crime.
Darren’s Thoughts: It is clear for us as ASB professionals that we need more support from law enforcement when it comes to the issue of cuckooing. Hopefully this follow up from Desai will bring about a response which has substance. With more legislation to hold perpetrators accountable, there can be more effective interventions for cases which involve this highly dangerous crime. Consider should also be given to victims of cuckooing and exploitation as part of the Government’s consultation on reforms to Social Housing Allocations.
The Centre For Social Justice Criminal Exploitation Report
This report delves into the prevalent but often misunderstood issue of modern slavery within the UK, shedding light on a disturbing trend: the exploitation of British nationals, predominantly teenagers and vulnerable adults, in criminal activities for the benefit of others, known as ‘criminal exploitation’. Contrary to popular belief, this form of modern slavery affects a significant portion of British youth, with 45% of victims being British boys under 17 years old when exploited.
Criminal exploitation, frequently associated with ‘county lines’ drug dealing, involves coercion, grooming, and manipulation tactics to involve victims in various criminal acts such as holding weapons, theft, money laundering, and even begging. This exploitation not only devastates individual victims but also extends its impact to families, neighbours, and wider communities, exacerbating criminal and anti-social behaviour issues.
The report highlights that deprived communities and vulnerable individuals are disproportionately affected, often targeted due to factors like substance misuse, family circumstances, or financial struggles. However they also highlighted that even young people without apparent vulnerabilities are not immune, as criminals exploit technological advancements for recruitment and control.
The report highlights that despite some commendable efforts by charities, community groups, and law enforcement agencies, inconsistent support for victims and prevention efforts persist. Victims are sometimes criminalised, and a lack of understanding among professionals hinders effective intervention. The report urges a tougher stance against perpetrators while advocating for systemic changes to strengthen justice and support for victims.
Key recommendations include amending legislation to define and address criminal exploitation more effectively, establishing specific offences such as ‘cuckooing’, and expanding support services for victims, especially young people. Furthermore, the report stresses the importance of prioritising neighbourhood policing initiatives to foster trust and collaboration between law enforcement and communities. The report serves as a clarion call for professionals to recognise and confront the insidious nature of criminal exploitation within society, advocating for robust measures to protect vulnerable individuals and hold perpetrators accountable.
Read the full article from Smart Thinking here
Janine’s Thoughts: It is good to see that technological advancements have been incorporated into this – the recruitment and grooming of young and vulnerable people through social networks makes our job as ASB professionals harder when there is not only a local targeted set of perpetrators, but a national (and sometimes International) network of criminals that organise and commit this activity. As per Darren’s comments on Desai’s report on cuckooing, we want to see what the response will be to support ASB practitioners in our roles, to combat these growing issues.
New Insight
This month the Place2Be charity have been hosting Childrens Mental Health Week activities as part of a nationwide awareness campaign to raise consciousness around the topics affecting children and mental health. As ASB professionals we are increasingly faced with cases which involve the mental health concerns of children and young people being a key driver of anti-social behaviour in local communities. We have created an article designed to spotlight the issue and analyse the impact of mental health considerations on ASB cases. We would welcome your thoughts on this topic and if Acceptable Behaviour Contracts are an effective tool in supporting young people.
Read the article here
Support for you:
New Webinar Opportunity – The Future of ASB Case Management with Janine Green and MSB Solicitors
MSB Solicitors have organised an interactive webinar to meet other professionals in the social housing industry and refresh knowledge on key housing law. This is taking place on the 6th March online via Eventbrite from 10am – 11am.
MSB pride themselves on being at the forefront in their niche area of expertise in social housing. They have invited Janine to join them for an interactive session which ill explore some of the potential changes and consultation on housing law and the impacts on ASB case management in the wake of the Anti-Social Behaviour Action Plan.
Topics to be explored:
- The measures proposed to be introduced for landlords by the Criminal Justice Bill 2023.
- The Government’s consultation on reforms to social housing allocations and ASB.
- The potential introduction of a criminal offence for cuckooing.
You can register your interest via Eventbrite here.
Our next free webinar is 27th March at 9:30am – save the date and do let us know if there is a specific topic you would like us to address during the session.
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