The Incremental Approach - Meetings, agendas, and...
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1 The Incremental Approach Anti-Social Behaviour Protocol for Leicester, Leicestershire & Rutland 2014 – 2015 The Incremental Approach is a joint initiative between community safety partners across Leicester, Leicestershire & Rutland. Its aim is to ensure that ASB enforcement measures are used proportionately and at the appropriate point in relation to an adult or young person’s involvement in ASB.
Transcript of The Incremental Approach - Meetings, agendas, and...
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The Incremental Approach
Anti-Social Behaviour Protocol for
Leicester, Leicestershire & Rutland
2014 – 2015
The Incremental Approach is a joint initiative between
community safety partners across Leicester, Leicestershire &
Rutland. Its aim is to ensure that ASB enforcement measures
are used proportionately and at the appropriate point in
relation to an adult or young person’s involvement in ASB.
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Contents
What is Anti-Social behaviour? ........................................................................................... 4
What is the Incremental Approach? ................................................................................ 4
JAG’s (Joint Action Groups).............................................................................................. 5
Anti-Social Behaviour involving young people. ............................................................... 6
The Importance of Recording ......................................................................................... 6
Sentinel ............................................................................................................................ 6
Victims of Anti-Social Behaviour ..................................................................................... 7
Some further things for you to consider in regards to Anti-Social Behaviour ................. 7
The ASB Incremental Approach – An Overview ............................................................... 9
Non-Legal Stages of the Incremental Approach ............................................................... 10
What level of ASB will trigger the advice stage? ........................................................... 10
Good practice and principles at the advice stage ......................................................... 10
Advice Flowchart ........................................................................................................... 11
The Warning Stage ............................................................................................................ 12
What level of ASB will trigger the warning stage? ........................................................ 12
Good practice and principles at the warning stage. ..................................................... 12
Warning Flowchart ........................................................................................................ 14
The Acceptable Behaviour Contract Stage ....................................................................... 15
What level of ASB will trigger the ABC process? ........................................................... 15
Good practice and principles at the ABC Stage. ............................................................ 15
Acceptable Behaviour Contract Flowchart .................................................................... 17
Legal Stages of the Incremental Approach ....................................................................... 18
IPNA ............................................................................................................................... 18
What level of ASB will trigger the IPNA process? .......................................................... 18
Good Practice and Principles at the IPNA Stage ............................................................ 18
IPNA Checklist ................................................................................................................ 19
Monitoring of IPNA ........................................................................................................ 19
Reviewing an IPNA ........................................................................................................ 19
Breach of IPNA ............................................................................................................... 20
Can an IPNA be appealed against? ............................................................................... 20
Communicating with victims and the public ................................................................. 20
IPNA Flowchart .............................................................................................................. 21
Legal Interventions CBO .................................................................................................... 22
What level of ASB will trigger the CBO? ........................................................................ 22
Good practice and principles at the CBO Stage ............................................................. 22
CBO Checklist ................................................................................................................. 23
Monitoring of CBO’s ...................................................................................................... 23
Breach of a CBO: ............................................................................................................ 23
Can a CBO be appealed against? .................................................................................. 23
Communicating with victims and the public ................................................................. 23
Reviewing a CBO ............................................................................................................ 23
CBO Flowchart .................................................................................................................. 25
General guidance for writing prohibitions .................................................................... 26
Prohibitions for ABC’s /IPNA’s / CBO’s ............................................................................. 26
Duration of Prohibitions ................................................................................................ 27
Number of conditions .................................................................................................... 27
Positive Requirements ................................................................................................... 27
Legal Interventions – Housing Providers .......................................................................... 28
Introductory Tenancies .................................................................................................. 28
Review ........................................................................................................................... 29
Demoted Tenancies ....................................................................................................... 29
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Possession ...................................................................................................................... 29
Grounds for Possession – ASB ....................................................................................... 29
Absolute Grounds for Possession .................................................................................. 30
What level of ASB will necessitate Legal Intervention from a housing provider? ......... 30
Good practice and principles around housing interventions? ....................................... 31
Housing Interventions ................................................................................................... 32
Parenting ........................................................................................................................... 33
Parenting contracts ....................................................................................................... 33
Parenting orders ............................................................................................................ 33
Managing Parenting Contracts and Orders .................................................................. 34
Troubled Families .......................................................................................................... 34
Supporting Leicestershire Families (SLF) ....................................................................... 34
Criteria for SLF involvement .......................................................................................... 35
Think Family (TF) ........................................................................................................... 35
Criteria for TF ................................................................................................................. 35
Changing Lives (CL) ........................................................................................................ 36
Other Tools and Powers .................................................................................................... 37
Community Remedies .................................................................................................... 37
Community Trigger ............................................................ Error! Bookmark not defined.
Community Protection Notice ....................................................................................... 37
Community Protection Order ........................................................................................ 37
Closure Power ................................................................................................................ 37
Appendices ........................................................................................................................ 38
Appendix A: IPNA / CBO checklist .................................................................................. 39
Appendix B: IPNA / CBO Review .................................................................................... 40
Appendix C: Young Persons Views IPNA/CBO Review Form .......................................... 42
Appendix D – Advice Letter Template ........................................................................... 43
Appendix E – Warning Letter Template ........................................................................ 45
Appendix F – Acceptable Behaviour Contract Template ............................................... 47
Appendix G: Glossary of Terms ...................................................................................... 50
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What is Anti-Social Behaviour?
What is the Incremental Approach?
Why do we have an Incremental Approach?
The purpose of the Incremental Approach is to ensure consistency, justification and
proportionality in order to:
1. Manage perpetrators of ASB through a multi-agency approach and to ensure
that adequate measures are put in place to enable the perpetrator to desist
from their behaviour and address support needs in order to ensure a
reduction/cessation in ASB.
2. Protect and support victims of ASB, particularly vulnerable victims or those who
are at high risk of becoming victims or repeat victims of ASB.
3. Provide valuable evidence and justification to escalate responses in a
proportionate manner.
4. To effectively use the tools and templates in order to ensure a consistent
approach to case management across Leicester, Leicestershire and Rutland.
What will it help us achieve?
Practitioners who use the Incremental Approach will contribute to:
1. Protecting the most vulnerable in communities.
2. Continuing to reduce levels of ASB and repeat victimisation.
3. Increasing public confidence, particularly user satisfaction with local crime and
disorder services.
The purpose of this document is to provide partner agencies across Leicester,
Leicestershire and Rutland with an operating protocol. This will include a ‘set of
principles’ and a ‘set of standards’ with which they should comply when dealing with
legal and non-legal interventions relating to Anti-Social Behaviour management.
The community safety partners across Leicester, Leicestershire and Rutland accept the
following definition of ASB:
“Acting in a manner that is causing or is likely to cause harassment, alarm or distress to
one or more persons not of the same household as the perpetrator”.
Crime and Disorder Act 1998
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4. Promoting equality and diversity in service provision to support the residents of
Leicester, Leicestershire & Rutland.
Who should use the Incremental Approach?
All Partner agencies are responsible for the implementation of the Incremental Approach,
these include:
• Local Authority
o Community Safety
o Housing
o Environmental health
• Leicestershire Police
• Leicestershire County Council
o Youth Offending Service
o Supporting Leicestershire Families
• Crown Prosecution Service (CPS)
• Probation
• Registered Housing Providers (RHP)
The lead agency/individual should manage and co-ordinate the involvement of other
agencies so that they add value by contributing their own specialist knowledge and
expertise.
All partners are responsible for communicating effectively through the Joint Action Groups
(JAG).
JAG’s (Joint Action Groups)
Joint Action Groups are multi-agency, intelligence led, local partnerships focussed on anti-
social behaviour and related crime & disorder; they will case manage both people and places
through a multi-agency, holistic approach. JAGs deal with the threat, risk and harm to local
communities and local people. Identifying and safeguarding vulnerable individuals through
collaborative problem solving.
The purpose of the JAG is to:
1. Manage cases of ASB and related crime and disorder, including hate incidents,
through a multi-agency problem solving process
2. Deal with perpetrators of ASB through the Incremental Approach
3. Support victims of ASB and related crime, particularly vulnerable victims
4. Identify and refer offenders to Integrated Offender Management (IOM)
5. Focus on ASB hotspots across Leicester, Leicestershire and Rutland
The JAGs work to minimum operating standards these are set out in the JAG Terms of
Reference.
The JAG is an integral part of the management of Anti-Social Behaviour across Leicestershire,
Leicester City and Rutland.
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Anti-Social Behaviour involving young people.
Where young people are concerned consultation with the Youth Offending Service (YOS) is
paramount; this applies from the Warning Letter stage. This consultation will ascertain levels
of current or previous involvement by the YOS and assist with:
• Draft prohibitions or positive requirements for ABC’s, IPNA’s and CBO’s
available for the young person
• Support packages for non-legal / legal interventions
• Possible publicity in regards to legal outcomes
• Variation and discharge at legal stage
The Importance of Recording
If we fail to record information then we have no means of assessing vulnerability, repeat
victimisation, individual/community need or response. This in turn means we could waste
valuable time and effort chasing resolutions that have previously proved ineffectual and
perpetuate the potential suffering of victims.
Recording on Sentinel enables multiple users to access relevant data simultaneously and
make necessary links or draw inference as defined by the data available. However; as with
any data base, the information within it is only useful if it is accurate, relevant and
accessible, otherwise it is simply a filing system.
In the event of a complainant activating a Community Trigger it will be important for
agencies to demonstrate what action has been taken and why. Recording on Sentinel shall
ensure a timely response giving the complainant the justification for all action undertaken.
Sentinel
Sentinel is an integrated multi-agency electronic solution to recording, investigating,
managing and monitoring anti-social behaviour complaints enabling us to; identify repeat
victimisation, flag vulnerable individuals and share/alert multiple partners who are or need
to be involved in the investigation and identification of appropriate resolution(s) in that
case.
The availability of shared access data together with analytical and reporting tools accessible
to all partners involved in the management of ASB means there is more likelihood of earlier
identification of vulnerability and repeat victimisation – both key to assessing the impact of
ASB on the individuals concerned. It also:
• Enables the accurate recording of levels of anti-social behaviour.
• Creates an auditable recording process.
• Provides easily accessible data that is stored in a central point.
• Provides a case management system that can be accessed by a large number of
users across a range of agencies.
• Enables the provision of accurate, validated performance data which in turn will
increase public confidence.
• Provides management information that will enable us to identify anti-social.
behaviour hotspots and issues and enable meaningful analysis.
• Enables users to identify the threat, risk and harm associate to ASB.
• Equips partners with the ability to identify threats from ‘Community Triggers’.
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• Enables the provision of a high quality service to victims of ASB thereby
increasing customer satisfaction.
Overall, the system provides a better overview of incidents, persons involved and resolution
including the incremental approach, enabling us to ensure a holistic investigation of the
circumstances is carried out and appropriate and timely interventions are made by the
relevant agency(s) involved.
Victims of Anti-Social Behaviour
The Code of Practice for Victims of Crime (the Code for Victims) is the statutory code which
sets out the minimum level of service victims should get from criminal justice agencies;
these include:
• The right to be kept informed about case progress by the police.
• The right to hear when a suspect is arrested, charged, bailed or sentenced.
• The right to apply for special measures in court for vulnerable or intimidated
victims.
• The right to be told when an offender will be released, if the offender in question
has been sentenced to a year or more in prison for a violent or sexual offence.
• The right to be referred to support.
• It gives victims the right to read out their victim personal statements in court.
• It gives victims the right to information about taking part in community remedy.
Although this code was written with crime as its main focus, it is important to consider these
principles when dealing with victims of ASB. Furthermore:
1. It is important to recognise the perception of ASB; tolerance levels vary between
individuals and communities.
2. Treat all complaints of ASB seriously, listen to concerns and assess each case on an individual basis and in context to the circumstances.
3. Always complete an ASB Risk Assessment Matrix on Sentinel to assess the risk to the
victim.
Further Considerations
The Incremental Approach will adhere to the following four principles to ensure compliance
with the Human Rights Act 1998:
a. Proportionality and Impact Awareness – Can the partnership demonstrate that the
actions taken are proportionate to the threat or problem they are trying to prevent?
Any action taken to address ASB must be preceded by an assessment of the likely
impact and the consequences of these actions on the wider community, victim and
perpetrator.
b. Relevance and Necessity – Is the action being taken relevant and necessary for the
particular threat or problem it is trying to prevent? Action taken to address the
perpetrators of ASB will, where possible, address the causes that give rise to it.
c. Remedy and Collective Responsibility – Consideration should be given by the
Partnership as to whether this is the correct remedy for the threat and problem. All
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partnership members should be mindful that the decisions they take may impact on
the lives of the perpetrators and victims of ASB; this work should take place through
the JAGs.
d. Legality – If a legal stage of the Incremental Approach is being used, is there a legal
basis for the action and is that legal basis in statute regulation?
Using the ASB Incremental Approach
Before using the Incremental Approach it is important to ensure that all efforts have
been taken to corroborate the complaint.
Whilst using the Incremental Approach it is important to ensure that the spoken and
written processes throughout uses language that the perpetrator/parent/guardian is able
to understand and that reasonable adjustments have been made or taken into account in
regards to a person’s equality needs.
There is no set starting point for the Incremental Approach and the circumstances for
each incident should be examined carefully. In some cases a one off incident may be of
sufficient gravity to warrant intervention.
If it is decided that any stage of the Incremental Approach should be missed due to the
severity of the incident, relevant partner agencies should be consulted and their views
logged on Sentinel alongside the justification and reasoning from the lead agency.
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The ASB Incremental Approach – An Overview
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Non-Legal Stages of the Incremental Approach
What level of ASB will trigger the Advice Stage?
Advice should be given when the first incident of ASB is reported and if it is proportionate to
the incident.
Good practice and principles at the Advice Stage
1. The individual involved will be unlikely to have had previous involvement with ASB.
2. Advice can be given when an adult or young person is already known within the
criminal justice system but not known for ASB.
3. A second advice letter can be issued once a sixth month period has lapsed, if the
offence does not target a specific victim and is not of a similar nature.
4. If a second incident of ASB occurs within a sixth month period progression should be
made to the next appropriate level of the Incremental Approach, unless there are
compelling mitigating circumstances to warrant further advice. In this circumstance
a discussion with supervisor on the merits of a warning letter being sent should be
had. This decision should be logged with reasoning onto Sentinel.
5. It is advisable for practitioners to consider from the information presented, any
signposting that would be beneficial to the individual at this stage and make
appropriate referrals.
6. The process can be undertaken by the Local Authority, housing providers,
Leicestershire Police or jointly, dependent on local arrangements.
Relevant parties will be Leicestershire Police, Local Authority, Youth Offending
Services (City / County) and Housing Providers.
The Advice Stage
The Advice Stage of the Incremental Approach is designed to give an adult or young
person and their parent or guardian, timely, clear and concise notice of circumstances or
events which raise concerns regarding their involvement in ASB.
The advice should be a proportionate response to the behaviours displayed and should:
• Outline the behaviour or incident and the effects it is having on the victim and / or
the wider community.
• Outline the possible consequences for the recipient should their involvement
continue.
• Offer appropriate support to the requirements of the individual(s) involved and
act as an educative or awareness raising exercise for the recipient.
• For parents and guardians of individuals linked with ASB the advice stage can act
as a first link into possible parenting support.
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Advice Flowchart
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What level of ASB will trigger the Warning Stage?
1. A warning letter will be sent if a person has been given advice (letter or verbal)
within the previous six month period.
2. Missing the advice stage and entering at warning letter stage is possible, but only
when the perpetrator continually targets specific individuals or a community.
Good practice and principles at the Warning Stage.
1. The recipient will have received advice about their involvement in previous ASB
incidents within the previous six month period or partners have decided that this is
the appropriate level in which to begin.
2. A second warning letter can be issued where an individual has already received a
warning if it is after a six month period and the offence does not target a specific
victim and is not of a similar nature.
3. If a second incident of ASB occurs within a six month period a discussion with a
supervisor on the merits of an Anti social Behaviour Contract (ABC) being offered
should be had. Progress to the next appropriate level of the Incremental Approach
should take place unless there are compelling mitigating circumstances to warrant a
further warning. This decision should be logged with reasoning onto Sentinel.
4. Where a successful ABC has been completed, six months have lapsed and where
legal action is not justifiable. A further warning letter may be offered on agreement
by a supervisor/manager.
5. All warnings will come with recommended signposting/referrals to other agencies
which are appropriate for support to the recipient and other family members where
appropriate. All acceptance/refusal of these proposals should be recorded on
Sentinel.
The Warning Stage
The Warning Stage of the Incremental Approach is designed to give an adult or young
person and their parent or guardian, timely, clear and concise notice of that individual’s
involvement in incidents of ASB.
The warning should be a proportionate response to the behaviours displayed and should:
1. Outline the incident clearly and the recipients involvement in that incident. It
should also show how it is impacting on the victims and/or the wider
community.
2. Outline the possible consequences for the recipient should their involvement
continue and highlight the possible legal ramifications if the behaviour does
not cease.
3. Offer appropriate support to meet the requirements of the individual(s)
involved and act as an awareness raising exercise.
4. For parents and guardians of individuals linked with ASB the process can act
as a first link into parenting support.
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6. Letters must be sent recorded delivery or hand delivered, should the matter be
taken further.
7. If the matter is of a serious enough nature the letter should be delivered and a
formal meeting convened to discuss the issues further.
8. The process can be undertaken by Local Authority or Leicestershire Police or jointly
dependent on local arrangements.
Relevant parties will be Leicestershire Police, Local Authority, Youth Offending
Services (City / County) and Housing Providers.
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Warning Flowchart
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What level of ASB will trigger the ABC process?
1. Where there is repetition of ASB and the perpetrator has been the recipient of
advice and a warning letter.
2. For entry straight at the ABC stage the perpetrator will have been involved in
serious/sustained ASB or where there is increased vulnerability of a victim or repeat
victim and this is deemed the most proportionate response after multi agency
consultation.
3. If a second incident of ASB occurs at warning letter stage within a six month period a
discussion with supervisor on the merits of an ABC being offered should be had.
Progress to this level of the Incremental Approach should take place unless there are
compelling mitigating circumstances to warrant a further warning. This decision
should be logged with reasoning onto Sentinel.
Good practice and principles at the ABC Stage.
1. All recommended signposting/referrals to other agencies to be recorded onto
Sentinel.
2. A second ABC can be issued if it is after a six month period of the completion of the
previous contract.
3. All contracts and prohibitions should be discussed and agreed with relevant partner
agencies and a lead officer assigned.
4. Agencies that are able to lead on ABCs are:
• Housing Agencies
• Leicestershire Police
• Local Authority
The Acceptable Behaviour Contract Stage
An Acceptable Behaviour Contract (ABC) is a voluntary tool used to address an individuals
involvement in ASB. It contains requirements designed to support as well as prohibit the
individual in undertaking any further acts of ASB.
The ABC should be an acknowledgement by the recipient that they understand what they
are doing is wrong and that they want to change their behaviour with the support
offered.
An ABC though not legally binding may be used as evidence in Court at a later date as
support offered or the refusal to engage.
1. The ABC should outline the incidents clearly including the recipient’s
involvement in the incident. It should also show the effects it is having on
victims and/or the wider community.
2. Whilst this is a voluntary contract, it is designed to deter the individual from
engaging in ASB and support a change in behaviour. It should outline the
possible consequences for the recipient should their involvement continue
and highlight the legal consequences if the behaviour does not cease.
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5. In the case of a young person the support of an appropriate adult is required
although it is not legally binding.
6. In some cases it may be appropriate to consider ‘Gillick Competency’ (see below):
7. Non-compliance with the ABC will escalate the case to JAG for consideration of legal
sanction.
8. All ABCs to be reviewed monthly and planned for a six month period. Where
breaches occur they should be addressed and managed at the earliest opportunity
(this may bring review dates forward).
9. If there is non-engagement or the recipient refuses to sign the ABC a letter should
be sent to confirm this and the possible consequences of their lack of engagement.
This should be logged onto Sentinel.
10. A breach of the contract should be addressed and prohibitions can be reviewed. The
Incremental Approach can be progressed to the next stage if deemed appropriate
and supported by the partnership through the JAG process.
11. The case should be presented at JAG and agreement obtained to take this step of
the Incremental Approach.
12. Where urgency dictates that a more immediate decision is required regarding the
ABC, ideally agreement should be sought with JAG Chair and/ or deputy chair
outside of the JAG process. The results of this consultation should be logged onto
Sentinel.
13. A draft contract should be produced in consultation with relevant agencies and in
appropriate cases with the recipient.
14. A letter should be delivered inviting the recipient of ABC to a meeting to discuss the
ABC/prohibitions/proportionality. Council offices and Police Stations are seen as
good practice. Home meetings can be considered where circumstances dictate.
15. If the meeting is not attended write to the recipient and if necessary the parents.
Issue a further date and log all of the information on Sentinel. Only one further
meeting date is recommended.
16. The Lead officer should ensure relevant agencies are invited in good time and attend
the meeting.
17. Where a person is complying with their ABC, professional judgement can be used to
suspend the contract. However, if ASB then reoccurs within the original six month
period the contract can be reinstated for the remainder of the six month period.
‘whether or not a child is capable of giving the necessary consent will depend on
the child’s maturity and understanding and the nature of the consent required. The
child must be capable of making a reasonable assessment of the advantages and
disadvantages of the treatment proposed, so the consent, if given, can be properly
and fairly described as true consent’.
1985 House of Lords
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Acceptable Behaviour Contract Flowchart
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Legal Stages of the Incremental Approach
What level of ASB will trigger the IPNA process?
1. For entry straight in at the IPNA stage:
o the ASB should be targeted at specific victims or a community
o the perpetrator should have had active involvement in that targeting
o the perpetrator should have received sufficient support from all
agencies to desist from the behaviour
o it is warranted by the severity of the incident.
2. The recipient has been through the non-legal stages of the Incremental
Approach and this has proven ineffective.
3. Where the recipient has not agreed to or has refused the offer of support
through an ABC.
4. All other alternatives have been considered in relation to ABC’s, eg increasing
frequency of reviews, more stringent conditions, more intensive intervention.
Good Practice & Principles at the IPNA Stage
1. If it is decided that an IPNA is the most appropriate intervention. The
application should be presented at JAG for consultation by all relevant partner
agencies.
2. An IPNA check list should be completed. (Appendix A)
Injunction to Prevent Nuisance and Annoyance (IPNA)
The IPNA is a civil intervention to deal with anti-social individuals. The IPNA sets a clear
standard of behaviour for perpetrators, stopping the person’s behaviour escalating.
Although the IPNA is a civil power, it is still a legal sanction. The IPNA should be used where
informal approaches have not worked; professionals decide that a formal response is
needed more quickly or the response is relevant to the nature of the ASB.
Applicants
A number of agencies have responsibilities for the IPNA. Within the Partnership a decision
should be made as to which agency is best placed to lead on the case. These are:
• Local Authority
• Registered Housing Providers
• Leicestershire Police
• Chief Constable of the British Transport Police
• The Environment Agency
• NHS Protect
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3. If urgency dictates that a more immediate response is required, an interim IPNA
can be applied for, in which case agreement must be sought from the JAG Chair
and deputy chair.
4. Draft prohibitions and positive requirements should be produced in
consultation with relevant officers and partner agencies.
5. The duration of an IPNA for an adult can be for a fixed or indefinite period.
6. The duration for an Under 18’s is 12 months maximum and all requirements
must have a specific time limit.
7. Anyone seeking to apply for an IPNA must have sufficient evidence to the civil
standard of proof:
o that it is ‘on the balance of probabilities’
o that the respondent has engaged in, or is threatening to engage in
conduct capable of causing nuisance or annoyance to another person
o They will also need to satisfy the court that it is just and convenient to
grant the Injunction.
8. The test allows for the IPNA to be used in cases where the perpetrator has
allowed another person to engage in ASB, as opposed to actively engaging in
such behaviour themselves.
9. Any application for an IPNA should be discussed with the relevant legal team at
the earliest opportunity.
10. Putting Victims First: In deciding whether an individual’s conduct is capable of
causing nuisance or annoyance, agencies should, wherever possible
communicate with all potential victims and witnesses to understand the wider
harm to individuals and the community. Not only will this ensure that victims
and communities feel that their problem is being taken seriously, but it will also
aid the evidence-gathering process for application to the court. Furthermore, if
victims feel they are being listened to they are less likely to activate a
Community Trigger.
IPNA Checklist
An IPNA check list must be completed by the lead officer for every proposed IPNA / CBO
application before seeking the opinion of:
• The ASB professionals within the partnership
• The legal teams (IPNA / CBO) for the local authority
• The legal teams (IPNA) for the Police
Monitoring of IPNA
IPNA’s should be monitored on a monthly basis through JAGs, a formal review will be
undertaken annually. This will ensure that all positive requirements and prohibitions are
being complied with.
Reviewing an IPNA
A formal review will take place for adults annually with a six month timescale for young
people. This will ensure timely assessments regarding the continued requirement for the
IPNA.
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The review should be administrative rather than judicial, and should be undertaken by the
team that decided upon the initial application.
The review should consider the views of the:
• Applicant agency / wider partnership
• YOS - If person under 18
• Perpetrator
• Victim
• Support agencies who have responsibility for the positive requirements
The review must consider whether there has been compliance with the order and whether
the order should be varied, discharged or kept as it is. Reviews should be overseen but not
necessarily completed by the JAG Chair.
An IPNA should be reviewed using the IPNA/CBO review form (Appendix B). Young people’s
views on their order should be recorded on the Young Person’s Views Form ( Appendix C).
Breach of an IPNA
Breach of the Injunction is not a criminal offence but breach must be proved to the criminal
standard, that is, beyond reasonable doubt.
Over 18’s: a breach is a civil contempt of court with unlimited fine or up to two years in
prison.
Under 18’s: breach can invoke a Supervision order or, as a very last resort, a detention order
of up to three months for 14-17 year olds.
Can an IPNA be appealed against?
A person can appeal against an IPNA.
Over 18’s: to the high court.
Under 18’s: to the crown court.
Communicating with Victims and the Public
Making the public aware of the perpetrator and the terms of an order can be an important
part of the process in tackling ASB. There can be a number of positives for this:
• They provide reassurance to the community that action is being taken.
• It will provide local people with information and they will be able to identify and
report if a breach occurs.
• It will lessen the likelihood of a victim or community activating a Community Trigger.
The decision to publicise an IPNA is left to the public authorities (including the courts), they
must consider if it is necessary and proportionate to interfere in relation to a young person’s
right to privacy and whether it is likely to affect a young person’s behaviour. Each case is
decided on its own merits.
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IPNA Flowchart
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What level of ASB will trigger the CBO?
• If the perpetrator does not have a forthcoming court appearance for criminal
behaviour consider an IPNA.
• The ASB is the primary consideration for the CBO; not to prevent criminal behaviour
which can be addressed through the Criminal Justice System.
• Where a recipient has previously not agreed to or refused the offer of support
through an ABC.
• Where a recipient has previously not agreed to or refused the offer of support
through a CBO.
• If the recipient has previously been through the non-legal stages of the Incremental
Approach and it has been ineffective.
Good practice and principles at the CBO Stage
• If it is decided that a CBO is the most appropriate intervention. The application
should be prepared at the JAG and consulted on by all relevant partner agencies.
• A CBO check list should be completed.
• Draft prohibitions and positive requirements should be produced in consultation
with the CPS and other relevant partner agencies.
• The file presented to CPS.
• Duration of CBO’s for adults: Minimum of two years and up to an indefinite period.
• Duration of CBO’s for young people: Minimum 1 year but not more than three years.
• Anyone seeking to apply for a CBO must have evidence, to the civil standard of
proof, that is, ‘on the balance of probabilities’ that the respondent has engaged in,
or is threatening to engage in conduct capable of causing nuisance or annoyance to
another person. They will also need to satisfy the court that it is just and convenient
to grant the injunction.
• Putting Victims First: In deciding whether the individual’s conduct is capable of
causing nuisance or annoyance, agencies should communicate with all potential
victims and witnesses to understand the wider harm to individuals and the
community. Not only will this ensure that victims and communities feel that their
problem is being taken seriously, but it will also aid the evidence-gathering process
for application to the court.
Criminal Behaviour Order (CBO)
The CBO is a legal intervention issued at the point of conviction by a criminal court to
deal with anti-social individuals.
Although obtained at the point of conviction for any offence the CBO must seek to
address the harassment, alarm or distress relevant to the order.
Applicants:
1. Leicestershire Police
2. Local Authority
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CBO Checklist
This must be completed by the lead officer for every proposed CBO application before
seeking the opinion of:
• The ASB professionals within the Partnership
• CPS (Crown Prosecution Service) for the CBO
Monitoring of CBO’s
CBO’s will be monitored on a monthly basis through JAGs, with a formal review annually.
This will ensure that all positive requirements and prohibitions are being complied with.
Breach of a CBO:
• Breach of the Order is a criminal offence and must be proved to a criminal standard
of proof, that is, beyond reasonable doubt.
• For over 18’s on summary conviction: up to six months imprisonment or a fine or
both.
• For over 18’s on conviction on indictment; up to five years imprisonment or a fine or
both.
• For under 18’s; the sentencing powers in the youth court apply.
Can a CBO be appealed against?
• Appeals against orders made in the Magistrates’ Court (which includes the youth
court) lie with the Crown Court.
• Appeals against Orders made in the Crown Court lie with the Court of Appeal.
Communicating with Victims and the Public
Making the public aware of the perpetrator and the terms of an order can be an important
part of the process in tackling ASB. There can be a number of positives for this:
• It provides reassurance to the community that action is being taken.
• It will provide local people with information and they will be able to identify and
report if a breach occurs.
The decision to publicise a CBO sits with the public authorities (including the courts), they
must consider if it is necessary and proportionate to interfere in relation to a young person’s
right to privacy and whether it is likely to affect a young person’s behaviour, with each case
decided on its own merit.
Reviewing a CBO
The review should be administrative rather than judicial, and should be undertaken by the
team that decided upon the initial application. The review should consider the views of the:
• Applicant agency / wider partnership
• YOS - If person under 18
• Perpetrator
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• Victim
• Support agencies who have responsibility for the positive requirements
The review must consider whether there has been compliance to the order, whether the
order should be varied or discharged. Reviews should be overseen but not necessarily
completed by the JAG Chair.
(1) A CBO may be varied or discharged by the court which made it on the application of –
(a) The offender, or
(b) The prosecution
Across Leicester, Leicestershire and Rutland it is recommended that all CBO’s (adults and
young people) should undergo this as good practice.
Reviewing CBO’s for young people is a legal requirement and allows the lead agency who
applied for the initial application to check progress on compliance with the terms of the
order and also to review the adequacy of support that has been provided.
A CBO should be reviewed annually using the IPNA/CBO review form (Appendix B) . Young
people’s views on their order review can be completed using the Young Person’s Views Form
(Appendix C ).
25
CBO Flowchart
26
General guidance for writing Prohibitions
Ensure that the proposed conditions relate to the evidence contained within the supporting
statement.
• For example do not agree to a curfew, if the statement does not state that all or the
majority of the ASB occurs in the evening.
• Have previous levels of the Incremental Approach already used these conditions in
an attempt to prohibit this behaviour?
Ensure that exclusion zones do not prevent the young person/adult accessing agencies that
can support their potential rehabilitation or prevent them from carrying out other
reasonable activities:
• For example consider whether their school, youth centre, doctor, place of work is
within that area.
• Would the exclusion zone stop them from visiting family and friends?
• For prohibitions that cover exclusion areas, a precise description of boundaries
including street names and a map with clear boundary lines should be produced.
If the conditions relate to non-association, consider if there is not only a history of ASB with
those individuals, but if the same conditions will also apply to them.
• Is the power being used equally and consistently against all parties?
• Should an ABC/IPNA/CBO prohibition contain the name of any other individual who
do not have an ABC/IPNA/CBO themselves?
If conditions relate to congregating in groups, ensure that the summary is specific about
what is meant by that.
• For instance, groups of three could include possible family situations
Prohibitions for ABC’s /IPNA’s / CBO’s
When drafting prohibitions you must consider the anti-social behaviour you are trying to
prevent. Prohibitions must be:
• Necessary
• Reasonable
• Proportionate
• Enforceable
• Understandable
Careful thought needs to be given to the formulation of the prohibitions so that they
cannot be easily circumvented and that there can be no misinterpretation by the
perpetrator.
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• Be specific about where this condition should be enforced to avoid confusion. If it
does not specify a location, it could be interpreted as all circumstances and cover
the whole of England and Wales.
Do not consider conditions that are criminal offences because they are already covered by
criminal law.
• Certain low level offences that relate more to ASB such as abusive words and
behaviour are acceptable, but offences which are purely criminal should not be
included.
Ensure that the conditions are simple and easy to understand.
• The adult/young person must understand the prohibitions. They should be written
using language that they are able to understand, that is clear and concise.
• Have reasonable adjustments been made in regards to their equality needs?
Dispensation should be made for those with specific learning or educational needs.
Duration of Prohibitions
• Consideration should be made to the appropriate length of the prohibitions (not all
prohibitions are relevant for the full duration of the order).
Number of conditions
• There should be no more than 3 or 4 conditions. If there are too many conditions,
there is a risk of duplication across conditions.
Positive Requirements
CBO’s and IPNA’s can include positive requirements. These requirements must:
• Specify who will supervise the requirement
• Be suitable and enforceable
• Be compatible to the prohibitions
• Have an agreed length of time
All positive requirements should be discussed and drawn up in partnership. This ensures
local management, delivery and monitoring.
Where there are specific issues regarding groups of people any prohibition within
an Order which stops people associating with others should also include
“inciting/encouraging others to engage in anti-social behaviour”.
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Introductory Tenancies
1. The ‘Housing Act 1996’ introduced a new regime specifically aimed at Local
Authorities and Housing Action Trusts. Under the scheme, such bodies can elect to
operate an Introductory Tenancy policy. Once such a policy has been elected, every
tenancy entered into (barring some exceptions) will be an Introductory Tenancy.
2. The tenancy will remain an introductory one until the expiry of the introductory
period (which in most cases will be one year). Following this the introductory
tenancy will mature into a Secure Tenancy.
3. Introductory tenancies may be very useful for Local Authorities to give tenants a trial
period; if there are any problems with the tenant, the landlord may obtain
possession merely by court order and is not required to prove any grounds for
possession.
4. Landlords also have the option to extend the Introductory Tenancy for a period of
six months, which runs sequentially, after the 12 months initial agreement has
lapsed (effectively making the tenancy 18 months in length).
5. In relation to introductory tenancies, there is no discretion in the County Court
where possession is sought, as long as the process is fully adhered to; possession is
mandatory.
Legal Interventions – Housing Providers
As with early prevention measures, for low level or persistent ASB, the housing provider
can work in conjunction with internal departments and in partnership with other
agencies to curb problematic behaviour with tenants under the circumstances set out
below:
• A landlord wants a tenant to comply with what the tenancy says (e.g. not to
cause annoyance to neighbours)
• Neighbours want harassment to stop
• A vulnerable victim is at harm from anti-social behaviour
• A housing provider wants to stop anti-social behaviour; especially where there is
a risk of violence
Not all of the legal actions will be available; it is dependent upon which piece of
legislation the particular landlord is governed by.
For possession of a property and eviction of a person/family a landlord must
demonstrate that all measures and tools put in place to work with tenants in order to
stop the anti-social behaviour have been ineffective.
It should nbe noted that homelessness leads to associated costs, social issues and
may create vulnerability. It is therefore imperative that all tools and measures within the
Incremental Approach are used within the partnership where appropriate.
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6. By the very nature of introductory tenancies, the Landlord has considerable
flexibility in determining them. No statutory grounds need be proven; although
reasons for the action do need to be given and proof that the action is reasonable
and proportionate.
7. Provided the Landlord complies with the correct procedure and has acted
reasonably, the court has no discretion and must make the order for possession.
Review
The tenant has a right to review of the landlord's decision to serve a Notice of Possession
Proceedings. The review will be no later than the date specified in the s182 Notice.
Demoted Tenancies
The demoted tenancy, introduced by the Anti-Social Behaviour Act 2003, enables social
landlords to deal more effectively with anti-social behaviour. It instigates a two-stage
regime entitling landlords to apply to demote an otherwise secure tenancy and then, during
this demoted period, to seek possession of the property as of right (provided it follows the
statutory procedure.)
Stage 1 – Demoting the Tenancy:
The court will not make a demotion order unless it is satisfied:
• That the tenant or person residing in or visiting the dwelling-house has engaged in
or has threatened to engage in conduct to which 153A or 153B of the Housing Act
1996 applies.
• That it is reasonable to make the order.
As part of the work on sustainable tenancy, housing providers will look to adopt the
approach of demoted tenancies.
Housing providers may apply to the County Court, to allow a tenancy to be brought to an
end by a Demotion Order. Upon granting of the order, the tenancy is replaced with a less
secure form of tenancy.
The court may only make the order if the tenant, a member of the tenants household, or a
visitor to the tenants’ home has behaved in a way which is capable of causing nuisance or
annoyance, or that the premises has been used for unlawful purposes. In addition the court
must be satisfied that it is reasonable to make the order.
Possession
Possession is the traditional remedy and usually the most effective. A County Court Judge
can make any Order they deem appropriate and the housing provider must pass a test of
“reasonableness” before any order can be made. Evidence is by other tenants, Housing
Officers, Professional Witnesses (including the Police) and can include hearsay as well as
direct evidence. However, the more hearsay evidence there is, the harder it would be to
persuade a Judge to make an Order, unless the circumstances of the case are extreme.
Grounds for Possession – ASB
Housing Act 1985 – Secure Tenants
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Ground 1: The tenant is in arrears with payment of rent or has breached an obligation of the
tenancy. This would be used as well as ‘Ground 2’. This ground is often used in persistent
nuisance rather than ASB.
A Notice of Seeking Possession is served, and the landlord can apply for Possession
proceedings from 4 weeks of the service date.
Ground 2: Schedule 2 to the Housing Act 1985 reads
The landlord may then serve a Notice of Seeking Possession and can apply immediately for
Possession Proceedings.
Absolute Grounds for Possession
Absolute grounds for possession of secure and assured tenancies should be considered
when anti-social behaviour or criminality has already been proven by another court.
The tenant, a member of the tenant’s household or a person visiting the property must
have been convicted for:
• A serious criminal offence
• Breach of an IPNA
• Breach of a CBO
• Breach of a noise abatement notice
• The property has been closed under a closure order.
What level of ASB will necessitate Legal Intervention from a housing provider?
1. For entry straight into legal intervention from the housing provider the ASB should
be targeted and the perpetrator must have had active involvement in the targeting.
2. If the perpetrator has been the recipient of non-legal intervention through the
incremental approach, but the ASB continues.
3. A landlord wants a tenant to comply with the tenancy agreement (e.g. not causing
annoyance to neighbours, stopping anti-social visitors to the property).
4. Neighbours continually report harassment and/or ASB.
5. If a vulnerable victim is at harm from Anti-Social Behaviour from that particular
household, a member of that household or a visitor to that household.
6. A housing provider wants to stop antisocial behaviour where there is a risk of
violence.
7. Where a resident has not agreed with non-legal increments or been amenable to the
offer of support and there is an escalation of incidents.
8. The ASB must be significant and persistent.
"The tenant or a person residing in the dwelling-house has been guilty of
conduct which is a nuisance or annoyance to neighbours, or has been convicted of
using the dwelling-house or allowing it to be used for immoral or illegal purposes”
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9. It is important to note that Judges in possession proceedings can postpone an order
on terms set out by the court, can give possession forthwith or within set date
parameters or can dismiss the case entirely.
Good practice and principles around Housing Interventions
1. This stage is a legal stage of the Incremental Approach.
2. Prior to any action being taken a social landlord should communicate their intention
to other relevant agencies and if necessary takethe case to the JAG for
consideration.
3. A pre-eviction meeting, prior to possession action, is necessary to discuss the action
and proportionality of it. It will give partner agencies the opportunity to discuss any
possible wider community impact.
4. All legal housing interventions should be discussed with appropriate partner
agencies to ensure that all relevant information can be shared. Housing providers
will follow their own process for legal interventions but should ensure that other
relevant partner agencies are kept informed at every stage.
5. Legal housing interventions can run alongside any legal or non-legal stage of the
Incremental Approach.
6. Where perpetrators have a suspected or diagnosed disability or mental health issue,
all housing providers who are considering possession or other legal action should
have considered and discussed the full implications of the equalities Act 2010 with
relevant partner agencies.
7. All interactions between recipients, partner agencies should be logged on Sentinel.
8. Tenant should be advised to seek assisstance, if needed, from the Citizens' Advice
Bureau, a housing aid centre, a law centre or a solicitor.
9. It is essential that the local council’s homelessness services are involved from an
early stage to ensure that should a household become homeless; a statutory duty is
not owed to them. Early joint visits work well to ensure that the homeless
consequences of behaviour are understood, (people often assume they will
automatically be re-housed if evicted).
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Housing Interventions
33
Parenting Contracts
1. Parenting contracts are voluntary agreements made between local agencies and
parents. They can be used alongside ABCs or other interventions and can set out
what parents will do to address the anti-social behaviour of a young person(s) for
whom they are responsible.
2. If there is more than one young person in the household a referral to Supporting
Leicestershire Families, Leicester Think Family or Rutland Changing Lives should be
considered.
3. Parenting contracts can be included when an ABC is agreed; however they will
require appropriate support if they are to be effective.
4. Parenting contracts may contain an agreement to attend a parenting programme
and/or ensure that a young person regularly attends school.
Parenting Orders
Parenting Orders can be made by a Criminal Court, Family Court or Magistrates Court acting
under civil jurisdiction.
A Parenting Order imposes requirements on the parent or guardian in which they are to
comply to a period of not more than 12 months with such requirements as are specified in
the order and attend for a concurrent period not exceeding 3 months such as counselling or
guidance programme as may be specified in directions given by the lead officer in a juvenile
anti-social behaviour case.
• The requirements in an order should be considered in the interests of prevention of
ASB.
• Any interference with family life should be proportionate.
• Before making a Parenting Order, the Court should explain to the parent in
understandable language the effect of the order, consequences of non-compliance
and the review process.
• The Youth Offending Service can apply for a Parenting Order where a young person
has been given an IPNA/CBO.
Parenting
It is important to support parents of young people who are at risk of becoming involved
or who are involved in anti-social behaviour. Parents have an important role to play in
preventing their children from perpetrating ASB ; they have a responsibility to the young
person and to the community to take proper care and control. Some parents may need
help, support, encouragement and direction with this, either on a voluntary basis in
support of intervention work with the young person or through a Court Order. Some
parents may even be committing ASB themselves.
34
Before considering a parenting order it is essential to establish if a parenting intervention is
necessary to manage the ASB and if parents are prepared to co-operate with a parenting
contract.
A co-ordinator of the Parenting Order must have been agreed before an application is made
to court.
Managing Parenting Contracts and Orders
For Leicestershire and Rutland the Youth Offending Service will enter into Parenting
Contracts only if the young person has been referred to them for an ASB intervention or
when a child is likely to become, or is engaged with anti-social behaviour. YOS involvement
in parenting contracts is only appropriate if it will assist in managing the anti-social
behaviour.
In Leicester City, LASBU will help with drafting and delivery of Parenting Contracts and
Orders.
Troubled Families
Troubled families are those that have problems and cause problems to the community
around them, putting high costs on the public sector. As part of the Troubled Families
programme, the government will work alongside local authorities to:
• get children back into school
• reduce youth crime and anti-social behaviour
• put adults on a path back to work
• reduce the high costs these families place on the public sector each year
Local authorities will work with families in ways the evidence shows is most effective:
• joining up local services
• dealing with each family’s problems as a whole rather than responding to each
problem, or person, separately
• appointing a single key worker to get to work intensively with the family to change
their lives for the better for the long term
• using a mix of methods that support families and challenge poor behaviour
Supporting Leicestershire Families (SLF) - Leicestershire
Supporting Leicestershire Families (SLF) is the Leicestershire response to delivering the
Government’s national Troubled Families Programme.
The programme aims to:
• Improve outcomes for families
• Reduce offending and anti-social behaviour
35
• Improve school attendance
• Reduce school exclusions
• Address worklessness
• Address underlying issues including emotional and mental health,
• Reduce substance misuse, alcohol misuse and domestic violence.
• Join up work across agencies to support families in the most effective way.
Criteria for SLF involvement
Referrals are taken for families with two or more of the following issues:
• Offending and Anti-Social Behaviour.
• Young people in a family with issues with education e.g. attendance and
exclusion.
• Worklessness.
• Drugs misuse.
• Violence or abuse in the home.
• Mental health.
• Significant financial difficulties.
• Housing and risk of homelessness.
Referrals can be made to supporting Leicestershire families:
https://forms.leics.gov.uk/af3/an/default.aspx/RenderForm/?F.Name=juxtye735da
Think Family – Leicester City
Think Family is Leicester’s response to delivering the Government’s national Troubled
Families Programme.
Leicester City’s ‘Think Family’ programme aims to turn around the lives of families with
multiple and complex needs. The programme is not about offering a new service but is
about building upon existing good work and making it easier for agencies to work together in
a complimentary way.
Criteria for Think Family
Referrals can be made by people working with families where two or more of the following
characteristics are present:
• Adults in the home are out of work and claiming benefits
• Young people within a family are not attending school properly or excluded
• Crime or Anti-social behaviour
For referrals to ‘Think Family’:
https://e-forms.leicester.gov.uk/default.aspx/RenderForm/?F.Name=ZYAwYWFVd8p
36
Criteria for Changing Lives - Rutland
Changing Lives is a government funded project under the Troubled Families agenda. These
families are categorised as:
• Having parents out of work
• Children not attending school
• Those families engaging with ASB
• Families with young people that are offending.
Rutland introduced Changing Lives in November 2012 and have a target to work with 30
families over the course of the programme.
For referrals to ‘Changing Lives’:
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Other Tools and Powers
Community Remedies
To be agreed at the Strategic Partnership Board Sept 2014
Community Protection Notice
The Community Protection Notice will be issued to deal with a particular problem affecting
the community . It could be used to tackle a range of environmental ASB. It can be issued by
the police, councils and social housing providers and targets persistent, unreasonable
behaviour that is detrimental to local areas or is having a negative impact on the local
community's quality of life.
Protection notices will be consulted on and managed locally through the JAG process.
Community Protection Order
A Community Protection Order gives councils the power to put restrictions in place to
address ASB in public places by restricting the use of those areas. This Order is designed to
allow the Council to address ‘one-off’ issues in a locality with one Court Order. Only Councils
can issue this type of Order; partner agencies should be consulted through local JAG
processes in order to ensure the appropriateness and reasonableness of the Order.
Consultation must also include the PCC.
Closure Power
This premises Closure Power has two stages - the Closure Notice and the Closure Order. It
consolidates various existing closure powers related to licensed and all other premises which
are causing anti-social behaviour. This power will be available to the Police (officers of rank
of Inspector and above must authorise) and the Local Authority. This power makes it easier
to issue a Notice temporarily to close any premesis, for up to 48 hours if there is, or is likely
to be a public nuisance. The Police or Local Authority can then apply to the Magistrates
Court if they need to extend this beyond 48 hours, if the ASB is persistent or serious. The
maximum length of a closure order is 6 months.
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Appendices
Appendix A: IPNA / CBO checklist .................................................................................. 39
Appendix B: IPNA / CBO Review .................................................................................... 40
Appendix C: Young Persons Views IPNA/CBO Review Form .......................................... 42
Appendix D – Advice Letter Template ........................................................................... 43
Appendix E – Warning Letter Template ........................................................................ 45
Appendix F – Acceptable Behaviour Contract Template ............................................... 47
Appendix G: Glossary of Terms ..................................................................................... 50
39
Appendix A: IPNA / CBO checklist
This checklist is designed to guide you through the collation of materials for an application
for an IPNA / CBO. The list is not exhaustive and all options should be discussed with
partners.
1. What behaviour are you seeking to prevent?
2. IPNA: Has the perpetrator engaged or is threatening to engage in conduct capable of
causing nuisance and annoyance to any person?
Yes No
CBO: Has the perpetrator engaged in behaviour that has caused or is likely to
cause harassment, alarm or distress?
Yes No
If ‘No’ please consider whether this is the most suitable increment to progress.
3. What evidence do you have to do prove this? (Considering the civil standard of proof
for an IPNA and the criminal standard of proof for the CBO).
Eyewitness statements / evidence Hearsay evidence
Supporting evidence Photographs
CCTV Crime reports
Intelligence Partner agency intelligence
Other supporting evidence e.g. social media
4. What previous measures have been put in place to address this conduct?
Advice Parenting programmes
Warning letter SLF involvement
ABC’s Court orders
Tenancy restrictions
Other support or diversionary programmes
5. What prohibitions are you considering to address this conduct? (Please see guidance
on prohibitions)
6. What positive requirement are you considering to address this conduct? (Please see
guidance on positive requirements)
Please attach any supporting documents to the Sentinel case file
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Appendix B: IPNA / CBO Review
Name of Recipient:
DOB: Date of Original Order:
Order Number: Date of Review:
Name of Reviewing Officer:
Agencies contributing to the review:
Prohibitions of original Order:
Prohibitions
1.
2.
3.
To what extent has the person subject to the IPNA/CBO complied with the prohibitions set in
the original Order?
What support has been available to the person to help them comply with the Order?
Officers Name Agency Name
/ /
/ /
/ /
41
Are there any support needs that haven’t been accessed that should or could be put in
place? If the person is under 18 have the Youth Offending Service completed a three houses
assessment
Yes No
If there was a victim(s) involved in the original case have they been contacted and have their
views been considered?
Yes No
Please give brief details of their views:
Should the Order be: (select one)
Varied Discharge No Change
Please explain your decision:
Any further information from reviewing officer:
Officers Signature: Date:
Please attach any supporting documents to the Sentinel case file.
/ /
42
Appendix C: Young Persons Views IPNA/CBO Review Form
43
Appendix D – Advice Letter Template
(Recipients address)
Ref: (enter Sentinel URN)
(Date)
Dear
I have been investigating an incident of anti-social behaviour. The details of the complaint are as follows;
We are sending you this letter to inform you that (you / your son / daughter / charge was / were) in the area at the time of the reported incident. Although (they / you) may not have been directly involved in all of the behaviour the purpose of this letter is to ensure that you are informed of the situation and possible consequences of continued involvement at the earliest opportunity. We would ask that you speak with (your son / daughter / charge) about their possible involvement in the incident. This is to ensure that he/she understands the consequences of being involved in anti-social behaviour. (remove for adult perpetrators)
Anti-Social Behaviour Advice Letter
(enter date / time / location of incident) (description of recipients behaviour – i.e. direct or contributing to overall
impact to victims)
(Click here to enter your Authority logo!)
44
This is an Advice letter for ……………………… to make (him / her) aware of the consequences of being in the area where the unacceptable behaviour took place. We ask for your support in this matter. (remove where appropriate) It is important that you understand how seriously the Police and Local Authority take complaints of anti-social behaviour. Any further complaints made that involve (you / your son / daughter / charge) will be dealt with as detailed overleaf. A record of this letter will be kept on a Police database. This record may be shared with other agencies and looked at in the future as part of any background checks. If you have any questions regarding this letter or need support with this matter, please contact me on the following number ……………………….. Yours sincerely (Signed by case manager)
The Advice Stage
Advice is designed to highlight circumstances of Anti-Social Behaviour which have
raised concern and the person may have had involvement in.
Details of all the stages of Anti-Social Behaviour management can be found on
www.leics.gov.uk/asb
If you are a tenant of a Local Authority provided property, committing anti-social behaviour will be seen as a breach to the terms of your Tenancy Agreement. Your housing provider may apply for a ‘Possession Order’ on your home. If there is repeated evidence of continued anti-social conduct your Local Authority, housing provider or the Police may apply to the Courts for anti-social behaviour orders or injunctions which prevent further incidents from occurring. If you are evicted on the grounds of anti-social behaviour, your local housing provider may reserve the right to refuse to rehouse you.
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Appendix E – Warning Letter Template
(Recipients address)
Ref: (enter Sentinel URN)
(Date)
Dear …… I have received a complaint of an incident of anti-social behaviour involving your (son / daughter / charge), (name of perpetrator). (delete as appropriate) The details of the complaint are as follows;
The purpose of this letter is to ensure that you are informed of the situation at the earliest opportunity. (delete if not appropriate) In receiving this ‘Warning Letter’ you will have already received an anti-social behaviour ‘Advice Letter’ dated (date) unless the behaviour reported is more serious, in which case the decision would be taken to deal with the incident by way of a ‘Warning Letter’.
Anti-Social Behaviour Warning Letter
(enter date/ time/ location of incident)
(description of recipients behaviour – i.e. direct or contributing to overall impact to victims)
(Click here to enter your authority logo!)
46
This is a Warning letter for …………….............to stop unacceptable behaviour and we ask for your support in this matter. It is important that you understand how seriously the Police and Local Authority take complaints of anti-social behaviour. Any further complaints received that involves (You / your son/ daughter / charge) will be dealt with according to the process detailed overleaf.
The Council can take legal action in cases of persistent anti-social behaviour as detailed overleaf. In order to stop this from happening in the future or to discuss any support that may help to prevent (you / or perpetrators name) becoming involved in any further anti-social behaviour, I am inviting (you and / or perpetrators name) to meet me at the council offices on (Date / time).
A record will be made of this letter which will be kept on a Police database. This record may be shared with other agencies and looked at in the future as part of any background checks.
If you have any questions regarding this letter or need any support with this matter, please contact me on the following number ……………
Yours sincerely
If you are a tenant of a Local Authority provided property, committing anti-social behaviour will be seen as a breach to the terms of your Tenancy Agreement. Your housing provider may apply for a ‘Possession Order’ on your home. If there is repeated evidence of continued anti-social conduct your Local Authority, housing provider or the Police may apply to the Courts for anti-social behaviour orders or injunctions which prevent further incidents from occurring. If you are evicted on the grounds of anti-social behaviour, your local housing provider may reserve the right to refuse to rehouse you.
The Warning Stage
Warnings are given to show a person’s actual involvement in Anti-Social Behaviour
and ask for this behaviour to stop.
Details of all the stages of Anti-Social Behaviour management can be found on
www.leics.gov.uk/asb
47
Appendix F – Acceptable Behaviour Contract Template
This contract is made between:
Name: Organisation:
and
Name: Address:
ASB which has resulted in this contract
The person(s) named above agrees to the following i n respect of their future conduct :-
To help complete the ‘Acceptable Behaviour Contract ’ successfully, the representatives of various agencies and organisatio ns agree to provide you with the following help and support:
Conditions
1. I will agree not to:
2. I will agree not to:
3. I will agree not to:
4. I will agree to:
(Please click here to enter you Authority logo!)
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I understand that by signing this document I am entering into a contract not to
behave in ways which have been stated above.
The partner agencies present will seek to provide help and support which has
been included in this contract. If partner agencies are unable to provide the
support listed, they will discuss suitable alternatives as soon as possible.
I have been made aware that although the contract is voluntary, if I continue
to behave in an anti-social manner in the future, the Police and/or Council
may take action against my family and me. This action may include action to
re-possess my family’s home and an application to the Magistrates Court for
an Anti-Social Behaviour Order.
Failure to comply with an Anti-Social Behaviour Order can result in a fine or a
prison sentence of up to five years.
Help & Support Offered
Person Responsible
Delivering Agency
Date Completed
1.
2.
3.
4.
5.
49
ABC Review Meetings
Date/Time Location
Final review
Date/Time Location
Contract Completion Date
I can confirm that the process has been explained t o me and I confirm that I understand the meaning of the contract and the cons equences of the failure to comply.
Name: Signed:
Date:
Parent / Guardian / Appropriate Adult (if applicabl e):
Name: Signed:
Date:
Lead Agency:
Name: Signed:
Date:
A record will be made of this contract which will be kept on a Police database. This record may be shared with other agencies and looked at in the future as part of any background checks.
I can confirm that the process has been explained t o me and that I understand the meaning of the C ontract and the consequences o f the failure to comply. With this in mind, I have decided not to sign:
Acceptable Behaviour Contract (ABC) ABC’s are given to address a person’s Anti-Social Behaviour and support them in ceasing
that behaviour.
Details of all the stages of Anti-Social Behaviour management can be found on
www.leics.gov.uk/asb
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Appendix G: Glossary of Terms
Interim Junction A temporary injunction given at court until a final decision
is made
IPNA
CBO
Injunction to Prevent Nuisance and Annoyance
Criminal Behaviour Order
Legal ASB processes that will go through the courts
Non Legal ASB processes that will be managed locally
JAG Joint Action Group
Young people/person Anyone between the age of 10 and 18
ASB Anti-Social Behaviour
ABC Acceptable Behaviour Contracts
LLR Leicester, Leicestershire and Rutland
YOT Youth Offending Team
ISO Individual Support Orders
Civil Standard of Proof Proof based on the balance of probabilities
Hearsay evidence The evidence of those who relate, not what they know but
what they have heard from others
SLP
TF
Supporting Leicestershire Families
Think Family (Leicester)
Criminal Standard of Proof
Sentinel
PCC
Proof beyond reasonable doubt
Partnership Recording Database
Police and Crime Commissioner
