Enforcement tools & support options
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Tackling anti-social behaviour
Anti-social behaviour (ASB) is consistently identified by
residents as a key issue affecting their quality of life. The
council believes that nobody should have to live with anti-social
behaviour and is committed to making a difference to improve the
lives of Tower Hamlets residents.
We work in partnership with the Safer Neighbourhoods teams,
Tower Hamlets residents and other local agencies, to deal with all
anti-social behaviour that happens on the streets of Tower
Hamlets.
Download our ASB
strategy.
When a council team investigates a serious anti-social behaviour
problem, the team takes a balanced approach and considers the
effects it will have on the victims, witnesses and the community.
The council team will try to resolve any problems by taking action,
when appropriate, using the powers set out by the Anti-Social
Behaviour Act of 2003.
Depending on the case, the council’s investigation team may use
one of the enforcement and support options listed below.
These enforcement and support options include:
Acceptable behaviour contracts
Acceptable behaviour contracts (ABCs) are non-legally binding
written contracts between one or more local agencies and someone
who has behaved anti-socially, outlining what that person should or
should not do. They are often used with children and young people,
but can equally be used for adults, when a warning has been
unsuccessful in addressing a problem.
An ABC is a written agreement between a person who has been
involved in anti-social behaviour and one or more local agencies
who are responsible for preventing such behaviour.
The contract is agreed and signed at a meeting with the
individual. The contract will list the acts in which the person has
been involved and which they agree not to continue to do. Legal
action in the form of an anti-social behaviour order can be stated
as the possible consequence of a breach of the contract.
Acceptable behaviour contracts usually last for six months, but
they can be renewed. For more information on anti-social behaviour
orders, please see the next section below.
Anti-social behaviour injunctions
An injunction is a civil order made by the county court to
compel an adult (over the age of 18) to do something, or to prevent
a particular action or behaviour.
They can be applied for by social landlords against tenants,
owner-occupiers and non-tenants. Injunctions are used when someone
is committing anti-social behaviour, including noise nuisance,
verbal abuse, visitors causing nuisance to neighbours, untidy
gardens and threats of violence or actual violence.
Anti-social behaviour order
An anti-social behaviour order (ASBO) is a civil order that
protects the public from behaviour that causes, or is likely to
cause harassment, alarm or distress. ASBOs are not criminal
penalties, but breach of an ASBO is a criminal offence. They can be
made on anyone aged 10 or over who has displayed anti-social
behaviour in the previous six months. They are intended to protect
the public from further anti-social behaviour.
The purpose of an ASBO is to prevent anti-social behaviour by
specific individuals. These orders can be applied for by police,
councils, registered social landlords and the British Transport
Police.
Anti-social behaviour orders are usually arranged when an
application has specifically been made for one. The order will
contain details of what the defendant is prohibited from doing.
There is no specified maximum duration for these orders and they
last for a minimum of two years.
If an order is breached the defendant can be prosecuted and face
a fine of up to £5,000 or up to five years in prison. Juvenile
offenders can be given a detention and training order sentence
which has a maximum term of 24 months.
Community agreements
Community agreements are written settlements reached between the
residents of a community to resolve disputes. The agreement is
based on the wishes of the majority, and facilitated by independent
mediators who make private and confidential visits to each person
involved. They are used when there is conflict or unrest within a
neighbourhood.
Crack house closure orders
The council’s team is closing down crack houses throughout Tower
Hamlets in cooperation with the Metropolitan Police partnership
unit under the Anti-Social Behaviour Act.
When a property has been taken over by drug users or dealers of
class A drugs, crack house closure orders can be used to close the
house down and keep it closed. An order can last for up to three
months, and can be extended for a further three months. During this
time the property will be sealed, and it is an offence to enter or
remain in the property.
Demotion orders
Demotion orders are used by landlords when a tenant, resident or
visitor to the tenant’s home has behaved or threatened to behave in
a way which is capable of causing nuisance and affects the housing
management of an area. They allow landlords to apply to the courts
to reduce the security of tenure for tenants, by removing a number
of tenancy rights, including the right to buy and the right to
exchange. Tenants who do not respect their homes or the communities
they live in could face losing their homes unless their anti-social
behaviour ceases.
If a tenant, a member of their household or their visitors
behave anti-socially, the landlord can apply to the court for a
demotion order to end the tenant’s existing tenancy agreement and
replace it with a less secure demoted tenancy arrangement. This
removes the tenant’s right to buy and security of tenure for at
least a year. At the end of a year if the landlord is satisfied by
the tenant’s conduct, then a review will take place to reinstate
the tenant’s original status.
Dispersal order (for groups)
With the introduction of new powers, the council’s team can now
use dispersal orders across Tower Hamlets to disperse youths and
other groups from causing a nuisance in identified hotspots. The
dispersal order means that the police can pick up youths that break
the order and take them home or in some cases take further
action.
Dispersal powers are used in public spaces (such as shopping
arcades or parks) where groups gather and intimidate and harass the
public. Once an area has been designated a dispersal area then
police can direct groups of two or more people to leave if they are
causing a nuisance, and if they don’t live in the area. They may be
excluded from the area for up to 24 hours.
Family intervention projects
When an agency has received numerous complaints about the
behaviour of a family and the impact they’re having on their local
community, they can use a family intervention project to work with
that family to change their behaviour. The family is offered help
to address the causes of their behaviour, along with supervision
and enforcement to ensure they change it.
Fixed penalty notices
Fixed penalty notices (FPNs) are one off fines issued for
anti-social behaviour designed to help police tackle low level
nuisance such as litter, fly-tipping and noise.
They can be issued by local authority officers, and in a limited
capacity by police community support officers (PCSOs). FPNs can be
issued to anyone over 10 years old. Many are set at £75 but local
authorities can set some fine levels locally.
More serious offences such as truancy and noise nuisance attract
larger fines.
Gating orders
Councils can order gating of a highway in order to prevent crime
or anti-social behaviour from occurring. If the alley is a public
right of way it can still be closed or diverted if suitable
alternate routes exist and the council deems it necessary for the
purposes of preventing or reducing crime and/or anti-social
behaviour which would otherwise disrupt the life of the
community.
Housing injunctions
The landlord may obtain an injunction from the court without any
notice on the day that the anti-social behaviour occurs. This
enables a landlord to apply to the court for a housing injunction
to prevent any behaviour which would cause nuisance and annoyance
and which either indirectly or directly affects their management of
the premises.
This makes it easier to exclude those responsible for
anti-social behaviour from areas where they have been causing
trouble. It also allows for the power of arrest, proceedings for
possession and for protection of people in the community.
Individual support orders
Individual support orders can be attached to an ASBO against a
person aged between 10 and 17. They contain positive obligations
designed to tackle the underlying causes of the person’s
anti-social behaviour, and are usually overseen by a member of the
youth offending team or social services.
The orders can last for up to six months, and can require the
young person to attend up to two sessions a week. Failure to comply
is a criminal offence.
Intervention orders
Intervention orders (IOs) can be attached to anti-social
behaviour orders (ASBOs) in the same way as individual support
orders (ISOs), and are designed to tackle anti-social behaviour as
a result of drugs misuse.
They require individuals who act anti-socially as a result of
drugs misuse to comply with positive conditions that tackle his/her
anti-social behaviour. IOs can only be given to individuals aged 18
or over and can last six months or less.
Noise abatement notices
A noise abatement notice requires the abatement of noise
nuisance or prohibits or restricts its occurrence or recurrence.
They can also require a person to carry out works, and/or take
other steps to stop the noise nuisance, for example seizing the
noise making equipment.
A notice must be served if the noisemaker cannot be persuaded to
desist or restrict occurrences of the nuisance, or if the local
authority is satisfied that a statutory nuisance continues to exist
after a seven day deferral period.
Parenting contracts
Parenting contracts are voluntary agreements made between local
agencies and a parent or parents. They set out what parents will do
to address the anti-social behaviour of a child or children for
whom they are responsible.
This may contain an agreement to attend a parenting programme,
or to ensure that a child attends school regularly. They are often
made between schools or local education authorities with the
parent(s) of a child who has truanted or been excluded from
school.
Parenting orders
Parenting orders can be made by a court when there has been a
problem with a young person’s behaviour. They impose requirements
on the parent(s) or guardian, which will usually include their
attendance on a guidance or counselling programme. Other
requirements, such as ensuring that the child attends school, can
also be included.
Non-compliance can result in a fine of up to £1,000.
Parenting programmes
A parenting programme teaches parents techniques to improve
their child’s behaviour. They can be used at the first sign of
problems, for example when a warning about a child’s behaviour is
first given.
The programmes focus on teaching parents skills to remedy the
causes of problem behaviour by building a relationship with the
child, use of praise and incentives and establishing consistent
boundaries, with ‘time out’ for infringements. They are delivered
by a range of organisations including the NHS, schools, children’s
centres and youth offending teams.
Penalty notices for disorder
Penalty notices for disorder (PNDs) are one-off fines which can
be issued on the spot for a range of low-level disorder offences
such as throwing fireworks, being drunk and disorderly and causing
harassment.
They can be issued by the police, police community support
officers and accredited persons to anyone over 16 years old, and
attract penalties of £50 or £80 depending on the offence.
Pirate radio station closure
Tower Hamlets is now working closely with other London boroughs
to close down pirate radio stations that operate in Tower
Hamlets.
Witness support
The council’s team liaises closely with other key services and
encourages witnesses to go to court. If a witness feels vulnerable,
fears reprisals and is at risk, then the team will provide them
with both moral and physical support.
The team makes sure that witnesses feel safe at their residence
and can provide further safety steps by supplying a fireproof
letter box, a spy-hole camera and personal alarms. The team also
briefs witnesses throughout the court process and makes sure that
the witnesses feel confident and are able to give their evidence in
front of a judge.