Session One: Policy and Practice Overview
What do we know about ASB?
• The cost of dealing with ASB is in excess of £3.4 billion per year
• The vast majority of incidents are relatively minor and can be dealt with effectively using informal visits,
warning letters or ABCs
• 93% of people stop ASB after three pre legal warnings • International research evidence confirms that preventive
Which families are most likely to be
the subject of complaints?
• In 80% of families referred to FIPs at least one adult suffered from mental or physical health problems or some form of substance abuse
• Family violence was also prevalent with 47% of women suffering from either a history of, or currently subject to, intimate partner violence and/or intergenerational
Which families are most likely to be
the subject of complaints?
• In addition to being ‘perpetrators’ of ASB, in 60% of
families one of more member of the household was also a ‘victim’ of ASB
• Young people committing ASB are more likely than the general population to suffer from mental health problems and/or learning difficulties
What goes wrong?
• Failure to engage in preventative measures • Difficulty in engaging with partners
• Lack of training and confidence by staff
• Taking steps only when problems have escalated • Focus on enforcement solutions
• Failure to thoroughly investigate
• Failure to identify if a perpetrator has a disability • Lack of awareness of developments in case law or
Case study 1: Jane
• Following a family argument Jane, a 18 year old was
nominated for a flat in a block occupied predominantly by people over 55. Complaints about noise nuisance started the day she moved in and within a week she was
informed that there would be an expedited court hearing for possession at which an outright order was granted • Jane subsequently lodged an appeal which was upheld
with the appeal judge severely criticised the landlord and commenting that what has happened was 'a wholly
unreasonable exercise of discretion, a breach of natural justice and plainly wrong'.
The direct and indirect costs
Direct costs of tenancy failure • Legal costs, witness support
measures and staff time incurred by the landlord in taking
possession action: £6,500 - £9,000 plus the costs of the appeal process
• Opportunity costs in terms of staff resources
• Rental loss - average void turn around - 39 days @ £65 per week rent = £362
• Temporary homelessness accommodation based on a
average length of stay of 6 months = £23,400
Total direct costs £30,262-£32,762
Indirect costs of tenancy failure
• Loss of confidence and goodwill amongst partner agencies
• Increase in staff stress-related illness
• Poor reputation
• Anxiety and distress to existing tenants many of whom were elderly • The costs of social exclusion for
young people are high: up to £70,019 for those with conduct disorder and £24,324 for conduct problems – ten times higher than for young people with no problems • Costs of being 'NEET' when 16-18
Case Study 2: Moat Housing Group V Hartless
and Harris
At 9 pm on 29th Oct 2004 Susan Hartless was putting her four Children aged 6-14 to bed when her landlord, accompanied by the police and a TV camera crew, served her with a without notice ASB injunction requiring her to immediately vacate her home. The police advised Susan to contact a solicitor who discovered that the majority of the evidence related to a quite different family. An immediate order to stay the effect of the
injunction was made over the telephone by a High Court Judge. Susan Hartless was subsequently granted leave to appeal the ASB injunction. In the meantime however, Moat HG had applied for and been granted a possession order and an ASBO which also formed the subject of a Court of Appeal hearing in March 2005. The Court of Appeal found that in this case an injunction without notice was neither necessary not proportionate, a
The direct and indirect costs
Direct costs of legal action • Five court hearings:
– ASBI @ £1,600 (without notice is likely to be more expensive)
– Possession @ £6,500 - £9,000
– ASBO @ £3,100
• Direct legal costs £15,000- £20,000
– Costs of ASB consultant £250 -£300 per day
– Housing officer costs – Police officer costs
Total direct costs a minimum of £30,000
Indirect costs and consequence • Loss of l/l's reputation
• Increase in staff stress- related illness
• Loss of confidence by staff as to what action to take
• Poor reputation of the estate and possible loss of rental income • Anxiety and distress to existing
tenants many of whom were elderly • Loss of confidence and goodwill
affecting both residents and partner agencies
1. What went wrong in this case?
• Failure to address the underlying causes of the problems
– complaints started in 2001 when the estate was being constructed and was in part still a building site with no play areas
– the area quickly developed a poor reputation - known locally as 'Beirut'
– a new estate but no community capacity building was undertaken
– allegations of racism and victimisation of a travelling family were not investigated
2. What else went wrong?
• Failure to engage in preventative measures
– failure to adhere to stated procedures and policy
– no diversionary activities for children or young people were provided
– no offer of mediation or mentoring
– no support for Ms Hartless a single mother with 4 young children
– no investigation of the health and welfare of the children
3. Further problems
• Lack of training of staff and failure to investigate properly
– no letters, warnings or direct contact was made with the alleged perpetrators
– little investigation - decisions were based on rumour and conjecture
– failure to support witnesses - witness diary sheets issued in June 2001 but action was only taken when problems had escalated
– local residents advised to collect photographic evidence this fed fears of paedophilia
– failure to involve partner agencies or call a case conference (no contact with social services)
– failure of the landlord to present a clear and considered view
4. And yet more problems
• Lack of knowledge of legal procedure
– Ouster injunctions were sought without any
emergency accommodation arrangements being made
– The evidence was confused with the majority of complaints relating to another family
– Double hearsay was employed in witness statements – Little reference was made to witness diary sheets or
alternative contemporaneous evidence
How robust is your practice?
• Does your organisation have comprehensive, clear and accessible statements of policies and procedures on anti-social behavior that are reviewed regularly?
• Do you have a rolling programme of training to ensure that all staff are confident in their knowledge and ability to deal with ASB complaints in a holistic manner?
• How robust are your partnership arrangements
How robust is your practice?
• Do your recording and monitoring systems enable you to identify emerging hot spots and provide you with
sufficient information to develop early intervention strategies?
• Are complainants provided with support and information to ensure they feel safe and secure in their home and neighborhood?
Measures to help prevent ASB
• Prevention
– creation of physical and social environments where ASB is less likely to arise
– dealing swiftly with the first sign of vandalism and graffiti
– provision of services that help young people avoid getting drawn into ASB
Measures to help prevent ASB
• Early intervention and diversion
– employment of a range of diversionary activities
including accessible and affordable leisure facilities for young people
– share information for early identification of problems both in relation to individuals and communities
Sources of further information on the costs
and cost consequences of ASB
• Pawson, H. et al (2005) The Use of Possession Actions and Evictions by Social Landlords; London: Office of the Deputy Prime Minister
http://www.communities.gov.uk/publications/housing/203568
• Scott, S., Knapp, M., Henderson, J. & Maughan, B. (2001) 'Financial cost of social exclusion: follow up study of antisocial children into adulthood', British Medical Journal, 323; 191-4
• Godfrey, C., Hutton, S., Bradshaw, J., Coles, B., Craig, G. & Johnson, J. (2002). Estimating the Cost of Being “Not in Education, Employment or Training” at age 16-18; Department for Education and Skills, Research Report RR346
• Whitehead, C., Stockdale, J. & Razzu, G. (2003) The Economic and Social Costs of Antisocial Behaviour: A Review, London: London School of
Economics
• Margo, J. (2008) Make Me a Criminal: Preventing youth crime; London: Institute for Public Policy Research.
• National Audit Office (2005) The Home Office: Tackling anti-social
