Home Office publishes draft Anti-Social Behaviour Bill

The Government has published its long-awaited draft Anti-Social Behaviour Bill and launched a consultation on a so-called 'community remedy', which will allow victims to choose from a list of punishment options for offenders.

The Bill also covers previously announced proposals such as a cut in the number of powers available from 19 to 5, and the so-called ‘community trigger’.

The Home Office said the community remedy would allow victims to choose from a list agreed with the local police and crime commissioner.

A typical ‘menu’ might include:

• "the offender signing an acceptable behaviour contract;
• participation in structured activities such as alcohol or drug treatment;
• mediation – for example, to resolve a neighbour dispute;
• paying compensation to the victim (for example for any damage caused);
• reparation to the victim (for example repairing damage or cleaning graffiti off a wall);
• reparation to the community (for example by doing local unpaid work for up to 10 hours)."

This list of options would apply to crimes such as low-level criminal damage or assault without injury, where prison was not applicable.

The Home Office said that where offenders did not agree to the community remedy then civil, or in some cases, criminal sanctions might be pursued.

Crime Prevention Minister Jeremy Browne said: “Victims of anti-social behaviour and low level crime often feel powerless but now we are giving victims back their voice.

“This new power will mean visible justice, straight away, providing transparency to the public, who rightly want to see fair and meaningful punishments.”

The Home Office also claimed that the new streamlined powers would be “faster, more flexible and, crucially, will allow professionals to stop ASB and seek to change behaviour”.

Under the community trigger, victims and communities will have the right to demand that agencies which have ignored repeated complaints about anti-social behaviour take action.

It is currently being piloted in Manchester, Brighton and Hove, West Lindsey and the London Borough of Richmond.

The legislation will be will scrutinised by the home affairs select committee, ahead of a report in 2013. It is expected to come into force by 2015.

The draft Bill, the consultation on the community remedy and various impact assessments can be viewed here.

The Local Government Association expressed concern at the possible impact of the legislation on councils’ role in tackling anti-social behaviour.

Cllr Mehboob Khan, chair of the LGA’s Safer and Stronger Communities Board, said: “We support government’s intention to make it easier for these problems in our communities to be tackled, along with the introduction of extra powers for the police to intervene.

“However, it is vital that passing more responsibility to the police does not marginalise councils’ crucial role in tackling the root causes of anti-social behaviour and low-level crime.”

Cllr Khan added: “Councils face a continual challenge to ensure the most vulnerable victims of anti-social behaviour don’t slip through the net. The police now have a casework system clearly identifying the vulnerability of victims of anti-social behaviour and people who make regular complaints already have the ear of their local council. Evidence from the community trigger pilots will be important in assessing the value and reach of the community trigger proposal.”

The Chartered Institute of Housing meanwhile predicted that the new legislation would help landlords tackle anti-social behaviour more effectively.

The CIH highlighted the two key tools for registered housing providers as an injunction for the prevention of nuisance and annoyance and a community protection notice.

The injunction for the prevention of nuisance and annoyance replaces the anti-social behaviour injunction. The new injunction has been strengthened to apply to minors and has provision for optional positive requirements.

Chief executive Grainia Long said: "Anti-social behaviour is not just a social housing problem, but landlords do play a vital role in tackling this issue and its underlying causes.

“These new measures will help them deliver a victim-centred approach. Streamlining the legislation will reduce confusion for landlords, and allow judges to familiarise themselves quickly with the new tools and powers.”

She added that the CIH was pleased that the Home Office had decided not to remove the powers of the injunction, describing it as “one of the most well-used and cost-effective tools available to landlords."

Long said: "Breaching the new injunction will be a trigger for mandatory possession and possible eviction. Judges will be aware of this, so landlords must take care to use them appropriately.”

The CIH’s chief executive nevertheless expressed concern over who would pay for action where several agencies are involved.

She said: "Police and local authority cutbacks have been well publicised and we have to be careful that landlords aren't always expected to pick up the bill."