Managing ASB effectively ASB, Crime and Policing Act – The story so far… Chris Grose, Head of ASB Advisory Services Capsticks LLP follow me on

What I’ll be discussing  How the civil injunction is being used in practice  How and why to use CPNs  Examples of using the Absolute Ground for Possession – lessons learnt  And let’s not forget the basics – exploring some of the fundamental principles of case management.

Scene setting A new era for social housing…. Turbulent times ahead for housing providers  1% rent reduction  Right to Buy  Pay to Stay  Benefit Cap  Universal Credit What has all this got to do with ASB??

The Civil Injunction….. No official statistics being collected by the Home Office - are you collecting data locally? Anecdotal evidence suggests: Positives:  Well used by housing providers  Using it in a similar way to the ASBI  Some police forces are applying for them – but some simply say – we deal with crime, not civil  Success in the youth courts – but some teething issues  Over 18 and under 18 injunctions are being heard together

The Civil Injunction….. Anecdotal evidence suggests: Challenges:  Not using a ‘partnership approach’ on application  Not really using positive requirements that much  Constraints on budgets to implement positive requirements  Judicial hiccups along the way

Community Protection Notices… Big usage in London Boroughs Low breach rate Some police forces are using them Very flexible to use But – What about housing providers???

The Absolute Ground for Possession…  It’s being used by many  Some have decided not to use it  Triggers such as convictions and closures are working  Teething troubles (not as quick as it should be!)  Potential challenges regarding knock on impact of granting injunctions…

Using the new tools with our partners So what were the anticipated opportunities and challenges that faced us with the new legislation? Opportunities:-  Forcing the hand of information sharing  A shared responsibility/shared objectives  Combining resources/VFM  Learning from each other and a less confusing toolbox Challenges:-  Who will take the lead?  Who will pay?  Possession powers – legal challenge is inevitable  CPN’s – will you get the power?  Human rights? Judicial reviews?

Effective casework principles 1.Open a case swiftly and effectively 2.Intervene Early – Use of appropriate tools 3.Harm Centred – Reducing risks/Protection 4.Legal Considerations 5.Closing a case 9

Managing cases effectively – the do’s and don’ts The problem solving approach works best…. Do’s Prioritise on risk of harm Keep an open mind Be creative Try to nip things in the bud Be mindful of service standards, policy and procedure Pick up the phone to see how things are Be confident and make decisions Share information Develop action plans Close cases effectively Use the right language Keep good records!!

Managing cases effectively – the do’s and don’ts Don’ts Just focus on nuisance type Create workarounds to your existing system in isolation Keep quiet when you think you’ve messed up – we’re all human! Use standard letters too often Ignore nuisance diaries Make a referral and think you’re done Underestimate the power of victims giving evidence in court Avoid case reviews – they are fundamental!

Judicial Landscape  Inconsistent outcomes  Unreasonable waiting times  Unreasonable defences  High cost Tips – Paint the picture to a judge, never underestimate the power of impact ASB has on victims Use a Community Harm Statement Ensure that cases are dealt with in a proportionate and reasonable manner – It’s a PR exercise!

No case is the same… ‘Doing the same thing over and over again and expecting different results.’ Albert Einstein

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