ASB has been a rising issue in Mile End Ward, recent stabbings and shootings on the ward has caused a lot of concerns among residents. Below is a guide for residents and all concerned. Part 2 giving an overall picture of tools available to residents.
Community Trigger
A primary action residents should consider when ASB is long-term and on-going, is to activate what is known as “The Community Trigger”. If a resident (or a group of residents in the same area) suffering from ASB find they are not satisfied with the response to their reports of ASB, they can use the Community Trigger to force a case review. It can be made where there have been at least three reports of ASB within a period of six months, and residents are not satsified with the outcome.
The review will be multi-agency (Police; Local Authority; Housing Association, etc). It is an attempt to stop ASB, rather than just examine the way in which is single agency reported.
The website asbhelp.co.uk comments that “The Community Trigger has the potential to make a difference. The multi-agency case review can make recommendations where they see a particular agency failed in addressing the anti-social behaviour properly. It can lead a to a different and more effective approach to a problem. It is your legal right. Don’t suffer in silence.”
Tower Hamlets Council have a web form for residents to activate the Community Trigger (along with some general guidance notes) at the following URL:
Community Protection Notice (applies to person aged 16 or over)
Used for dealing with persistent littering and accumulations of waste. On breach it allows the Council to undertake works clear the nuisance on “any land open to the air”, including private gardens without the owner’s consent. Accumulations of litter and rubbish can dealt with as a statutory nuisance where behaviour is prejudicial to health or constitutes a nuisance.
Dispersal Power (good for up to 48 hours)
Can be used in any public place and in common areas of private land with the landowner or occupier’s consent. Allows police to deal with ASB instantly. Can be given to anyone aged 10 or over.
Public Spaces Protection Order (PSPO)
Public Spaces Protection Order (PSPO). Where groups regularly congregate in a park to consume alcohol, resulting in their behaviour having a detrimental effect in the area, the Council can make a PSPO prohibiting the consumption of alcohol, either at all times or during specific times when the problem is likely to occur. Public spaces can be designated as “no drinking zones” with prohibited tailored to specific times of day.
Injunction to Prevent Nuisance or Annoyance (IPNA)
Used when alcohol dependency is an issue. It allows the court to attach a requirement to the IPNA to try to assist the individual in changing their behaviour.
Criminal Behaviour Order (CBO)
This replaces the ASBO and DBO on conviction, and has more stringent requirements. Breach of a CBO is criminal offence with a maximum sentence of five years, a fine, or both. Can be used in circumstances where drunken people target residences by throwing stones, breaking windows etc. and can be shown to have caused criminal damage, harassed and intimidated people in the neighbourhood.
What Police Officers Can Do
The police can take action about any anti-social behaviour which is a criminal offence and can prosecute someone who has:
- Attacked another person, causing physical and/or psychological damage.
- Wilfully damage someone else’s property
- Behaved in a threatening or abusive way in order to intimidate or frighten or cause harassment, alarm or distress intentionally, for example, by stalking or writing hate crime slogans outside a home.
- Incited racial hatred or violence by, for example, distributing racist leaflets
Closure Orders
In England and Wales, the police can also get a court order to close down premises which are causing disruption to residents because of some serious disorder or nuisance problem. You should bear in mind that the police have discretion whether or not to prosecute someone.
Penalty Notices and Injunction
The police can issue on the spot fines (penalty notices) for some types of anti-social behaviour. In England and Wales, they can also apply to court for an injunction to prevent nuisance and annoyance, or an order to stop gang violence or protect some against gang violence.
The police must take very seriously complaints about anti-social behaviour which is discriminating against you, you may want to make a complaint about the police.
For more information about how to make a complaint to the police, see complaints in:
What Community Support Officers Can Do
In England and Wales, community support officers can take action about anti-social behaviour in certain circumstances. For example:
- They can order people to stop cycling on the pavement
- Disperse groups of young people who are gathering in a public space
- Take children home after 9pm
- Deal with young people taunting while leaving school, include taking them back to the school.
- Issue on the spot fines.
What can the Council Do
As a person who is suffering anti-social behaviour you can ask the local authority to deal with it, regardless of whether you are a local authority tenant or not. The local authority can:
- Apply to a court for an order or injunction to stop or prevent someone’s anti-social behaviour in its area
- Apply to the Court for an order to stop gang violence or to protect someone from gang violence
- In England and Wales, apply to court for an order to close premises where is there is ongoing disorder or nuisance.
- Take action to stop noise, nuisance and threats to health
- Take action to evict the person responsible for the behaviour, if they are a local authority tenant
- Offer the victim alternative accommodation
- Prosecute where the behaviour is a criminal offence
- Take over management of a property where there are particular serious anti-social behaviour problems
How to Report ASB
Please if possible make notes of all of these categories before contacting the police so it isn’t necessary to try to remember the details while being questioned on the phone.
What the ASB involves
This needs to be as specific as possible – e.g. “Drinking, shouting, open urinating, nitrous oxide abuse.
When
If the behaviour is still taking place
If the behaviour has ceased because it was not possible to report it at the time, give an accurate date and time as possible.
How long the disturbance has been happening
Self-explanatory
Where
As accurate a street address as possible
How many persons are/ were present
Description of persons involved
Approximate age, sex, ethnicity, dress.
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