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1 PRESENTATION TO NEIGHBOURHOOD SERVICES SCRUTINY COMMISSION With Sharon Heels.

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Presentation on theme: "1 PRESENTATION TO NEIGHBOURHOOD SERVICES SCRUTINY COMMISSION With Sharon Heels."— Presentation transcript:

1 1 PRESENTATION TO NEIGHBOURHOOD SERVICES SCRUTINY COMMISSION With Sharon Heels

2 2 BACK TO BASICS. What is anti-social behaviour? What is anti-social behaviour? Generally? Generally? Locally? Locally? Local problems for local solutions….. Local problems for local solutions…..

3 3 CONSIDER ALL OPTIONS Prevention…. Prevention…. Mediation. Mediation. Community conferencing. Community conferencing. Abcs/ prcs….. Abcs/ prcs…..

4 4 ENFORCEMENT. Housing powers…. Housing powers…. Local Authority Injunctions. Local Authority Injunctions. Criminal Law Sanctions. Criminal Law Sanctions. Police Powers Police Powers Joint Powers. Joint Powers.

5 5 HOUSING POWERS. Evictions. Ground for possession. Reasonableness. Immediate or suspended.

6 6 OTHER HOUSING POSSESSION POWERS Introductory Tenancies. Introductory Tenancies. In first year of tenancy, easier to evict. In first year of tenancy, easier to evict. Extendable by another 6 months. Extendable by another 6 months. Demoted tenancies. s153A or B conduct. Reasonableness. 2 stage process. Gives chance and control.

7 7 THE ASBIS….. New injunctions. New injunctions. Available to social housing. Available to social housing. s153A, B and D Housing Act 1996. s153A, B and D Housing Act 1996.

8 8 S153a To stop housing related asb. To stop housing related asb. To restrain conduct capable of causing nuisance or annoyance to anyone. To restrain conduct capable of causing nuisance or annoyance to anyone. Designed to protect any local people. Designed to protect any local people. Applies to all; immaterial where the conduct took place. Applies to all; immaterial where the conduct took place.

9 9 THE OTHERS… S153b S153b Restrains the use or threat of use Restrains the use or threat of use Of housing stock Of housing stock For unlawful purpose For unlawful purpose s153D Prevents tenant from breaching- or threatening to breach- their tenancy agreement- or inciting others to do so.

10 10 INJUNCTION BASICS. Discretion of civil court. Discretion of civil court. Cause of action. Cause of action. Enforceable by committal Enforceable by committal Normally for over 18s. Normally for over 18s. No mental health issues. Limited in time and scope. Interim and emergency orders available.

11 11 OTHER LOCAL AUTHORITY POWERS. S222 Injunctions to protect or promote the residents of the interests of their area. S222 Injunctions to protect or promote the residents of the interests of their area. Planning enforcement and injunctions. Planning enforcement and injunctions. Environmental powers to control dogs, flytipping, noise nuisance and to close noisy premises. Environmental powers to control dogs, flytipping, noise nuisance and to close noisy premises. Designated alcohol free zones. Designated alcohol free zones. Right to buy and mutual exchange suspensions. Right to buy and mutual exchange suspensions. Right to buy injunctions. Right to buy injunctions. Trespass injunctions. Trespass injunctions. Social services powers to advise, supervise, take into care, free for adoption. Social services powers to advise, supervise, take into care, free for adoption. Parenting orders. Parenting orders. Selective licensing of private landlords- asb can be a factor. Selective licensing of private landlords- asb can be a factor.

12 12 THE CRIMINAL LAW Ds aged 10 and over. Ds aged 10 and over. Criminal burden of proof. Criminal burden of proof. Aim and sanctions. Aim and sanctions. Process. Process.

13 13 OTHER POLICE POWERS Dispersals. Dispersals. Crack House Powers. Crack House Powers. Firearms. Firearms. Seizure of vehicles used to cause alarm, distress or harassment. Seizure of vehicles used to cause alarm, distress or harassment.

14 14 DISPERSALS AND CRACK HOUSES…. Dispersals. Dispersals. 6 months Zones where past h,a and d and asb is significant and persistent. 6 months Zones where past h,a and d and asb is significant and persistent. Move on and order out groups of 2 or more Move on and order out groups of 2 or more Crack Houses. Class A Drugs AND Disorder or Serious nuisance in last 3 months. Closure Notice. Closure Order.

15 15 JOINT POWERS Asbos! Asbos! D aged 10 or over. D aged 10 or over. H, a and d. H, a and d. Necessity Necessity

16 16 ASBOS CONTINUED… Civil Proceedings. Civil Proceedings. With Partial Criminal Standard of Proof. With Partial Criminal Standard of Proof. Partnership working Partnership working Terms and prohibitions. Terms and prohibitions. Interims and emergency asbos… Interims and emergency asbos… Effective witness support. Do they Work? Effective Prosecution, Publicity and Support. NB Drugs intervention order, isos and parenting orders.

17 17 WHICH TO CHOOSE????? Analyse the problem. Match the solution. Action Plan. Just DO it!!!!!

18 18 WORKING WITH THE COURTS Bring sensible cases. Bring sensible cases. Bring well prepared cases. Bring well prepared cases. Use the Court Users` Groups. Use the Court Users` Groups. nb specialist CPS and asb courts. nb specialist CPS and asb courts.

19 19 SUCCESSFUL OUTCOMES. What is your measure of success? Ask the Courts. Community. Yourself

20 20 FINAL CHALLENGE What will YOU do to What will YOU do to Make Make The The Nuisance Nuisance Stop!!!!! Stop!!!!!


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