+ All Categories
Home > Documents > Crime and Disorder Committee - runnymede.gov.uk

Crime and Disorder Committee - runnymede.gov.uk

Date post: 09-Dec-2021
Category:
Upload: others
View: 3 times
Download: 0 times
Share this document with a friend
22
Crime and Disorder Committee Thursday 29 January 2015 at 7.30pm Council Chamber Runnymede Civic Centre, Addlestone Members of the Committee Councillors P B Tuley (Chairman), H A Butterfield (Vice-Chairman), A Alderson, C A Browne, I A Chaudhri, T Dicks, R J Mackin, A P Tollett and J J Wilson AGENDA Notes: 1) Any report on the Agenda involving confidential information (as defined by section 100A(3) of the Local Government Act 1972) must be discussed in private. Any report involving exempt information (as defined by section 100I of the Local Government Act 1972), whether it appears in Part 1 or Part 2 below, may be discussed in private but only if the Committee so resolves. 2) The relevant 'background papers' are listed after each report in Part 1. Enquiries about any of the Agenda reports and background papers should be directed in the first instance to Mrs C Holehouse, Democratic Services Section, Law and Governance Business Centre, Runnymede Civic Centre, Station Road, Addlestone (Tel: Direct Line: 01932 425628). (Email: [email protected]). 3) Agendas and Minutes are available on a subscription basis. For details, please ring Mr B A Fleckney on 01932 425620. Agendas and Minutes for all the Council's Committees may also be viewed on www.runnymede.gov.uk. 4) In the unlikely event of an alarm sounding, members of the public should leave the building immediately, either using the staircase leading from the public gallery or following other instructions as appropriate. 'see overleaf' - 1 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx
Transcript

Crime and Disorder Committee Thursday 29 January 2015 at 7.30pm

Council Chamber Runnymede Civic Centre, Addlestone

Members of the Committee Councillors P B Tuley (Chairman), H A Butterfield (Vice-Chairman), A Alderson, C A Browne, I A Chaudhri, T Dicks, R J Mackin, A P Tollett and J J Wilson

AGENDA

Notes:

1) Any report on the Agenda involving confidential information (as defined by section 100A(3)of the Local Government Act 1972) must be discussed in private. Any report involvingexempt information (as defined by section 100I of the Local Government Act 1972), whetherit appears in Part 1 or Part 2 below, may be discussed in private but only if the Committeeso resolves.

2) The relevant 'background papers' are listed after each report in Part 1. Enquiries about anyof the Agenda reports and background papers should be directed in the first instance toMrs C Holehouse, Democratic Services Section, Law and Governance BusinessCentre, Runnymede Civic Centre, Station Road, Addlestone (Tel: Direct Line: 01932425628). (Email: [email protected]).

3) Agendas and Minutes are available on a subscription basis. For details, please ringMr B A Fleckney on 01932 425620. Agendas and Minutes for all the Council's Committeesmay also be viewed on www.runnymede.gov.uk.

4) In the unlikely event of an alarm sounding, members of the public should leave the buildingimmediately, either using the staircase leading from the public gallery or following otherinstructions as appropriate.

'see overleaf'

- 1 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

5) Filming, Audio-Recording, Photography, Tweeting and Blogging of Meetings

Members of the public are permitted to film, audio record, take photographs or make use ofsocial media (tweet/blog) at Council and Committee meetings provided that this does notdisturb the business of the meeting. If you wish to film a particular meeting, please liaisewith the Council Officer listed on the front of the Agenda prior to the start of the meeting sothat the Chairman is aware and those attending the meeting can be made aware of anyfilming taking place.

Filming should be limited to the formal meeting area and not extend to those in the publicseating area.

The Chairman will make the final decision on all matters of dispute in regard to the use ofsocial media, audio-recording, photography and filming in the Committee meeting.

- 2 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

If you need help reading this document please contact the Council on 01932 838383. We will try to provide a reading service, a large print version, or another format.

- 3 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

LIST OF MATTERS FOR CONSIDERATION PART I Matters in respect of which reports have been made available for public inspection

Page

1. FIRE PRECAUTIONS 7

2. NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP 7

3. MINUTES 7

4. APOLOGIES FOR ABSENCE 7

5. DECLARATIONS OF INTEREST 7

6. ANTI-SOCIAL BEHAVIOUR CRIME AND POLICING ACT 2014 7

7. EXCLUSION OF PRESS AND PUBLIC 13

PART II Matters involving Exempt or Confidential Information in respect of which reports have not been made available for public inspection.

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 4 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

GLOSSARY OF TERMS AND ABBREVIATIONS TERM EXPLANATION

ABC Acceptable Behaviour Contract ABG Area Based Grant ACC Assistant Chief Constable (SP) ACS Active Citizen System - Police Public

Information Messaging System ANPF Accelerated Neighbourhood Partnership

Funding APA Association of Police Authorities ASB Anti Social Behaviour ASBI Anti Social Behaviour Injunction ASBO Anti Social Behaviour Order BCS British Crime Survey BCU Fund Basic Command Unit Funding (SP) BIM Borough Intelligence Model – Safer

Runnymede’s online ASB reporting forms BTP British Transport Police CIAG Community Incident Action Group – multi

agency group which reports to the CDRP and deals with problem individuals

CRA Crime Reduction Advisor CPS Crown Prosecution Service CPS Community Payback Scheme - Probation

Service work previously known as Community Service

CSP Community Safety Partnership CSS Community Safety Strategy DA Domestic Abuse (Surrey County Council’s

preferred terminology rather than Domestic Violence)

DAAT Drug & Alcohol Advisory Team commissioning body for drug & alcohol services.

D of E Duke of Edinburgh award scheme DV Domestic Violence (national recognised term) DVD Digital Versatile Disc DYO Deter Young Offenders – Youth Justice Service

Program for under 18’s already within the criminal justice system

FPN’s Fixed Penalty Notices GOSE Government Office of the South East

HMIC Her Majesty’s Inspector of Constabularies

ICAD’s Intergraph Control & Dispatch System – Police computer system for call handling & dispatching work.

IDVA Independent Domestic Abuse Advisor – attached to specialist Domestic Abuse Courts

IHC Incident Handling Centre – Police call centre IOM Integrated Offender Management – probation

led multi agency work to provide a comprehensive support program to individuals

ISP Information Sharing Protocol IT Information Technology JAG Joint Action Group - multi agency group which

reports to the CDRP and deals with problem locations or crime types

KPI’s Key Performance Indicators

- 5 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

KSI’s Killed & Seriously Injured - national statistics regarding road collisions

LSP Local Strategic Partnership MAISP Multi Agency Information Sharing Protocol –

umbrella policy which the SISP operates within. MAPPA’s Multi Agency Public Protection Arrangements –

deals with precautions and plans around known sex offenders and high risk individuals in the Borough

MARAC’s Multi Agency Risk Assessment Conferences – deals with precautions and plans around individuals involved in Domestic Abuse and their families.

NEET Not in education, employment or training North Cluster Police area which includes Runnymede,

Spelthorne & Elmbridge. NSO Neighbourhood Specialist Officer (Police) NT Neighbourhood Team (Police) PAD’s Partnership Action Days – multi agency events

which involve the public to reassure, offer information or build community spirit

PAYP scheme Positive Activities for Young People funding stream for youth activities from the proceeds recovered from crime.

PCC Police Crime Commissioner PCSO Police Community Support Officers PCT Primary Care Trust PPIU Public Protection Investigation Unit

PPOMP Prolific & Priority Offender Management Panel – Multi agency group which works withindividuals over 18 years of age who are already known to the criminal justice system.

RBC Runnymede Borough Council REED Roadside Education & Enforcement Days RHUL Royal Holloway University of London RPCSO Roads Police Community Support Officer SARCs Specialist Assault Rape Centres SCC Surrey County Council SCSU Surrey Community Safety Unit SDVC Specialist Domestic Violence Courts SFRS Surrey Fire & Rescue Service

SISP Surrey Information Sharing Protocol particularly for crime & disorder purposes sits under the MAISP

SMS Short Message Service – text messaging SNT Safer Neighbourhood Team SP or Sur Pol Surrey Police SPA Surrey Police Authority SR Safer Runnymede Care & Control Centre SRP Safer Runnymede Partnership SSCPB Safer & Stronger Communities Partnership

Board SWA Surrey Women’s Aid – Domestic Abuse service

provider in Runnymede YES Youth Engagement Scheme short program run

by Surrey Fire & Rescue Service YJS Youth Justice Service YPCSO Youth Police Community Support Officer

- 6 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

1. FIRE PRECAUTIONS

The Chairman will read the Fire Precautions which set out the procedures to be followed in the eventof fire or other emergency.

2. NOTIFICATION OF CHANGES TO COMMITTEE MEMBERSHIP

3. MINUTES

To confirm and sign the Minutes of the meeting of the Committee held on 10 July 2014, which wereincluded in the October 2014 Council Summons/Minute Book

4. APOLOGIES FOR ABSENCE

5. DECLARATIONS OF INTEREST

If Members have an interest in an item, please record the interest on the form circulated with thisAgenda and hand it to the Legal Representative or Committee Administrator at the start of themeeting. A supply of the form will also be available from the Committee Administrator at meetings.

Members who have previously declared interests which are recorded in the Minutes to be consideredat this meeting need not repeat the declaration when attending the meeting. Members need take nofurther action unless the item in which they have an interest becomes the subject of debate, in whichevent the Member must leave the room if the interest is a disclosable pecuniary interest or if theinterest could reasonably be regarded as so significant as to prejudice the Member’s judgement ofthe public interest.

6. ANTI-SOCIAL BEHAVIOUR CRIME AND POLICING ACT 2014 (COMMUNITY DEVELOPMENT)

Synopsis of report:

To provide an overview of the important new measures for tackling anti-social behaviour contained within the Anti-Social Behaviour, Crime and Policing Act 2014 (the Act), replacing old powers no longer available to local authorities. To inform the Committee of the powers and implications of the Anti-Social Behaviour Act.

For information:

The Committee note the new powers available in respect of dealing with anti-social behaviour.

1. Background Information

1.1 The Anti-Social Behaviour, Crime and Policing Act 2014 received Royal Assent on 13 March2014. The Act sets out the Government’s approach to tackling Anti-Social Behaviour(ASB).The various parts of the Act are subject to commencement orders with the ASB partscommencing from Monday 20 October 2014 with the exception of civil injunctions.

1.2 The delay in respect of civil injunctions will allow necessary changes to be made to the civillegal aid system to ensure that applications for advocacy assistance can be assessed forthose involved in civil injunction hearings. This process should be completed by the end ofJanuary 2015.

1.3 The Act is designed to reduce crime and disorder and the impact of crime and disorder onour communities. By responding to the requirements of the Act and by applying theprinciples and intervention framework clearly and consistently the Council will contributetogether with partners to addressing ASB in Runnymede.

1.4 Application of the Act will provide clearer accountability of services in terms of the Council'sresponse to ASB particularly for the Community Trigger and for the Community Remedy.

- 7 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

1.5 This report was discussed at the Corporate Management Committee 30 October 2014, requesting delegation of powers. The Committee agreed the below proposed delegated authority:

The Chief Executive, the Assistant Chief Executive, the Corporate Head of Housing & Community Development and the Corporate Head of Planning & Environmental Services, in consultation with the Corporate Head of Law and Governance, be authorised to apply or issue:

1. Injunctions under the Act;2. Community Protection Notices;3. Public Space Protection Orders;4. Closure Notices in respect of premises (Part 4 Chapter 3);5. Possession proceedings in respect of Possession of a Dwelling House on Grounds of

ASB; and 6. Fixed Penalty Notices in respect of Littering from Vehicles provided that regulations are

made setting out how local authorities will exercise this power. .

1.6 This report sets out to bring the main changes and considerations brought by this Act to the Crime and Disorder Committee. This report does not cover all the changes within the Act but only those relevant to Local Authorities and therefore to Runnymede Borough Council.

2. Report

Key changes as a result of the Act

2.1 To replace the current Anti-Social Behaviour Orders regime and a range of other courtorders targeted at anti-social individuals with two new tools; a Criminal Behaviour Order anda Civil Injunction. The new orders will have positive requirements attached to them tosupport the perpetrators and address their offending behaviour.

2.2 In addition, there is a new ‘Community Remedy’ which uses a restorative justice approach todeal with low level crime and antisocial behaviour. The Police and Crime Commissioner willbe required to publish a Community Remedy Document based on evidence of consultation.

2.3 The introduction of a new ‘Community Trigger’ which imposes a duty on the statutorypartners in the Runnymede Community Safety Partnership to take action in cases wherevictims or communities have complained about ASB on a number of occasions or when anumber of people report the same ASB and it is perceived as a persistent problem.

2.4 Further, place specific ASB will now be dealt with by a Community Protection Notice. Thiswill replace Litter Clearing Notices, Street Clearing Notices and Graffiti/Defacement RemovalNotices which, if issued before the 20 October 2014, will remain valid. However, suchnotices cannot be served after this date.

2.5 The following table provides a summary of the changes. The boxes on the left show thecurrent 19 tools to tackle ASB and those on the right show the legislation simplified to only6.

- 8 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

2.6 The Act (together with explanatory notes) is 232 pages long and the statutory guidance is 63 pages long. This report contains only a brief summary with much of the detail behind each section omitted. There are 14 parts to the Act. The key areas for ASB are as follows:

● Injunctions (part 1)● Criminal Behaviour Orders (part 2), replacing CrASBOs● Police Dispersal Powers (part 3)● Community Protection Notices (part 4 chapter 1)● Public Spaces Protection Order (part 4 chapter 2),● Closure Notices (part 4 chapter 3)● New Absolute Ground for Possession for ASB for secure and assured tenancies

(part 5)● Community Remedy (Police power in consultation with the Local Authority) (part 6)● ASB Case review (Community Trigger) (part 6)● Littering from Vehicles (part 11).

The ASB powers Civil Injunctions, CBOs & CPNs have similarities where sanctions are agreed to prevent the offender from doing anything or require the offender to do anything. Additionally when applying for any of the powers, it is required that relevant agencies must be consulted particularly if the perpetrator is a young person (Youth Support Service).

However there are key differences between these ASB powers:

● Civil Injunctions are obtainable on a civil standard of proof unlike CBOs.This power is used to prevent individuals in engaging in ASB. Civil Injunctionsare attained through County Court, High Court or the Youth Court. Breaches ofCivil Injunctions are not a criminal offence, but a breach must be proved tothe criminal standard – beyond reasonable doubt. Breaches for over 18s:unlimited fine or up to two years in prison and under 18s a supervision orderor a civil detention order up to three months for 14-17 year olds

● CBOs are issued by a criminal court against a person who has been convictedof an offence to tackle the most persistently anti-social individuals who are alsoengaged in criminal activity. Breach of a CBO is a criminal offence where penaltiesissued by the Magistrates’ Court are a maximum of six months in prison or a fine orboth and the Crown Court a maximum of five years in prison or a fine or both.

● CPNs are used to stop a person, business or organisation committing ASB whichspoils the community’s quality of life. This power can be used against a wider rangeof perpetrators and behaviours such as noise nuisance and litter on private land.Breach of a CPN is a criminal offence and FPNs (up to £100) or a fine (up to level 4for individuals or £20,000 for businesses) can be issued. Other sanctions are

- 9 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

available which include remedial action/remedial order, forfeiture orders and seizures.

Injunctions

2.7 A court may grant an injunction against a person over the age of 10 if the following conditions are met;

● The court is satisfied on the balance of probabilities that the respondent has, orthreatens to, engage in ASB

● The court considers it just and convenient to grant the injunction to prevent therespondent from engaging in ASB.

2.8 The injunction may prohibit the respondent from, or require the respondent to do, anything described in the injunction but must not conflict with religious beliefs, interfere with work or school or conflict with any other order. It must also specify the period for which it has an effect. The order must be made by a youth court (under 18s) or the High Court.

2.9 Applications for an injunction may be made by (among others)

● Local Councils● Social landlords● Police (including British Transport Police)● Transport for London● Environment Agency and Natural Resources Wales● NHS Protect and NHS Protect (Wales)

Criminal Behaviour Orders

2.10 A court may make a Criminal Behaviour Order (CBO), upon conviction of a criminal offence, if the following two conditions are met:

● The offender has engaged in behaviour likely to cause harassment, alarm or distressto one or more persons not of the same household

● The court considers such an order necessary to help prevent such behaviour

2.11 Such an Order may prevent the offender from doing anything or require the offender to do anything. An Order can only be made in addition to a sentence imposed or a conditional discharge by the court and the order can only be made upon application by the prosecution. The views of the Youth Support Services (YSS) must be sought where the offender is under 18 years. A CBO can be issued by any criminal Court offence upon the request of the Police or the Council.

Community Protection Notice

2.12 A Community Protection Notice (CPN) may be issued to a person over 16 years, or a body, if the conduct of that person or body is having a detrimental effect of a persistent or continuing nature of the quality of life of those in the locality and the conduct is unreasonable.

2.13 A CPN may require any of the following of the person or body:

● A requirement to stop doing specified things● A requirement to do specified things● A requirement to take reasonable steps to achieve specified results.

2.14 A CPN cannot be issued for environmental health issues covered by Part 3 of the Environmental Protection Act 1990 (Section 79) i.e. statutory nuisance.

2.15 A CPN may be issued by:

● A Police Officer;

- 10 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

● Council Officers;● Police Community Support Officers (PCSOs) if designated; and● Social landlords (if designated by the Council).

2.16 In the case of social landlords, they will not be able to issue CPNs or Fixed Penalty Notices (FPNs) until such time they are designated by the local authority. This will be subject to an Order being made by the Secretary of State (section 53 (4) of the Act).

Public Space Protection Orders

2.17 A Public Space Protection Order (PSPO) can be made by a local authority if it is satisfied that the following conditions are met:

● Activities carried on in a public place have a detrimental effect on the quality of life ofthose in the locality or it is likely that such activities will be carried on and that theywill have such an effect.

● The effect of the activity is likely to be of a persistent or continuing nature, or is likelyto be, such as to make the activities unreasonable.

2.18 PSPOs can be framed to apply to all persons or persons in specified categories. Before making such an order, the local authority must consult the Police, Police and Crime Commissioner and other relevant bodies.

2.19 PSPOs may be used to restrict access over a highway or other public place but conditions exist within the Act that protect those who live and work within such an area, exempt certain categories of highway and provide a right of appeal against such a PSPO.

2.20 In the past, Gating Orders have been used to close access to certain public rights of way where the behaviour of some people has been anti-social. The PSPO can also be used to restrict access to a public right of way.

Power to Close Premises

2.21 A Police Officer of at least the rank of inspector or the local authority may issue a closure notice in respect of premises if satisfied on reasonable grounds:

● That use of the premises has or is likely to result in nuisance to members of thepublic; or

● That there has been or, if the notice is not issued, there is likely to be disorderassociated with those premises.

Possession of Dwelling House on Grounds of Anti-Social Behaviour

2.22 Applicants who can use this power are social landlords (local authorities and housing associations) and private rented sector landlords. If a court is satisfied, it can make an order for the possession of a dwelling house let under a secure or assured tenancy.

Anti-Social Behaviour Review (Community Trigger)

2.23 The anti-social behaviour review enables local involvement and accountability, the Act also includes the following two measures, ASB Review and The Community Remedy Document Attached at Appendix ‘A’ is the Surrey Protocol for this.

2.24 Where a person has made a complaint about ASB in a local Government area, the relevant bodies in that area (which includes Runnymede and must include social housing providers) must carry out a review of the response (an ASB case review) if:

● That person or individual acting on behalf of another, makes an application for sucha review, and

● The review bodies decide that the threshold for such a review is met.

- 11 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

2.25 The relevant bodies must make arrangements for the carrying out of ASB case reviews and ensure that the review procedures are published. A County agreed framework has been agreed and adopted by all Surrey districts.

The Community Remedy Document

2.26 Each Police & Crime Commissioner (PCC) must prepare a community remedy document (CRD). This document is a list of actions which might be appropriate in a particular case to be carried out by a person who:

● Has engaged in ASB or has committed an offence, and● Is to be dealt with for that ASB or offence without court proceedings.

2.27 In preparing a CRD, the PCC must consult with the chief of Police for the local area, whatever community representatives he thinks appropriate and undertake whatever other public consultation he thinks appropriate. The Surrey PCC has conducted a public consultation between July – August 2014. The CRD is currently being finalised. Once developed, the CRD will be published and all victims of ASB and low-level crimes will have the opportunity to select an activity from the document.

Littering From Vehicles

2.28 The Home Office is yet to make regulations for littering from vehicles. Once the regulations are made, it is anticipated that the Council will be able to issue Fixed Penalty Notices in respect of litter being thrown, dropped or otherwise deposited from a vehicle.

3. Policy Framework Implications

3.1 Runnymede currently has a Community Safety Plan covering ASB and crime priorities. Theintroduction of the new ASB Crime and Policing Act 2014 will need to be incorporated intofuture community safety plans and existing housing policies and any other borough policiesdealing with ASB.

3.2 The County ASB Strategy Group has also suggested a single framework for the issuing ofCPNs should be devised offering a streamlined response across boroughs. A draft strategyhas been collated and has been submitted for consultation to the Surrey EnvironmentalHealth Managers Group. A County CPN Working Group has been set-up to develop aframework for Surrey.

3.3 The County ASB Strategy Group has devised a Community Trigger Framework for allboroughs offering a streamlined approach to requests. Requests will be reviewed at theappropriate forum of Community Incident Action Group (CIAG) or Joint Action Group (JAG).Runnymede Community Trigger applications will be annually published within the localCommunity Safety Plan and will be reviewed quarterly by the Runnymede Community SafetyPartnership.

3.4 The new ‘Absolute Grounds for Possession’ power will affect Runnymede housing policiesand will need to be incorporated into the function.

4. Resource Implications

4.1 It is anticipated that implementation will be resourced from within existing budgets. However,the future resource implications for dealing with for example, Community Trigger reviews,and set up costs for PSPOs which require consultation are as yet unknown. There is animmediate need to provide training for Officers and it has been agreed that the costs forinitial training will be paid by Surrey County Council. Runnymede invitations have been sentto Environmental Health Officers, ASB Housing Officers, the Community Safety Officer,Youth Support Officers, the Public Health Lead, the Parks and Open Spaces Manager andthe Police.

5. Legal Implications

5.1 There will be significant legal implications envisaged relating to the introduction of the newASB Crime and Policing Act 2014. Officers have delegated authority to act on behalf of the

- 12 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

local authority. Adaptation to meet new statutory duties must be met by the Council. Elements of the new legislation must be integrated into existing policies.

6. Equality Implications

6.1 Equality Impact Assessments will be completed for all amended and new policies resultingfrom the implementation of the Act.

(FOR INFORMATION)

Background Papers Anti-Social Behaviour, Crime and Policing Act 2014, Home Office http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted ASB, Crime and Policing Act 2014, Statutory guidance for frontline professionals July 2014, Home Office https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352562/ASB_Guidance_v8_July2014_final__2_.pdf Surrey Community Trigger Framework 2014

PART II

Matters involving Exempt or Confidential information in respect of which reports have not been made available for public inspection

a) Exempt Information

(No reports to be considered under this heading)

b) Confidential Information

(No reports to be considered under this heading)

- 13 - X:\Wpcmast\agendas\Crime and Disorder Committee\2015\01\Crime and Disorder 29.01.15 AG.docx

Surrey Community Trigger Framework

August 2014

Contact: Louise Gibbins Community Safety Officer, Surrey County Council

[email protected]

Surrey Anti Social Behaviour Strategy Group

Putting Victims First

Appendix A

1

Surrey Community Trigger Framework Amended 27 August 2014

INTRODUCTION

What is a Community Trigger?

The Community Trigger (CT) is introduced by the Anti Social Behaviour Crime and Policing Act 2014. It gives victims and communities the right to request a review of their anti social behaviour complaints and brings agencies together to take a joined up, problem solving approach to find a solution. If a CT submission meets the defined threshold, a case review will be undertaken by the local Community Safety Partnership (CSP). Agencies will share information, review what action has been taken and decide whether additional actions are possible.

Who can use the Community Trigger?

• A victim of Anti Social Behaviour (ASB) or another person acting on behalf of the victimsuch as a carer or family member, MP or councillor or professional person.

• The victim could be an individual, a business or a community group.

Purpose:

To provide a high level multi-agency case review panel for ASB cases (once the threshold ismet).

Provide victims and witnesses of ASB with a comprehensive action plan for how the ASBwill be addressed.

What is not suitable for the Community Trigger?

If someone has reported ASB and been given a timescale for response, which has notexpired. They will be advised to contact the agency they are working with to discuss whatis happening.

If someone has reported ASB and received a service but they are unhappy with the conductof a particular agency. They will be advised to submit a complaint under the agency’scomplaints procedures.

What will happen?

If the Community Trigger threshold is met a referral will be made to the district/boroughCommunity Incident Action Group (CIAG) or Joint Action Group (JAG), ensuringengagement by those agencies to whom the ASB reports have been made.

The CIAG or JAG will review the case and consider how the problem could be resolved.

A response will be sent to the victim detailing what will happen and providing an actionplan explaining how the CIAG or JAG will attempt to resolve the ASB.

If a CT involves ASB that is particularly complex and challenging to address, CSPs mayconsider including a peer review by a neighbouring CSP as part of the process.

The Office of the Police and Crime Commissioner will provide a route for victims to querythe decision on whether the threshold was met or the way a CT review was carried out, ifthey remain unhappy following the Community Safety Partnership’s response

2

Surrey Community Trigger Framework Amended 27 August 2014

The process for Surrey:

Single point of contact (SPOC) in each district/borough for all submissions. To be agreed byeach CSP, but likely to be the district/borough Community Safety Manager or ASB Officer.

Respond to victim confirming receipt of the Community Trigger (CT) within 3 working daysand outline the timescales for a full response, which will not exceed 25 working days fromreceipt of the CT.

Initial assessment of a Community Trigger (CT) submission and risk assessment of victim toestablish vulnerability, to be undertaken by borough Community Safety Manager,Neighbourhood Inspector and relevant Social Landlord (if appropriate).

Decision to accept or reject a Community Trigger fed back to the victim by SPOC, with aclear explanation of the reason for the decision.

CIAG/JAG reviews the CT and agrees an action plan to address the outstanding ASB issue,which is then shared with the victim via SPOC.

Consider a peer review of the CT response by a neighbouring CSP.

Governance of the Community Trigger process will sit with the local Community SafetyPartnership or other local agreed arrangement.

The Office of the Police and Crime Commissioner will provide a route for victims to querythe decision on whether the threshold was met or the way a CT review was carried out, ifthey remain unhappy following the Community Safety Partnership’s response.

Please note: when initial assessment of a CT takes please, you are asked to consider the harm that is being caused to the victim/s and whether they may be vulnerable. There could be occasions when a CT does not meet the threshold, but due to the nature of the ASB and the potential for harm to be caused, dealing with the issue under the CT is still the most appropriate response.

Threshold for Surrey: 1. A victim has reported three times in the last six months separate, but related, anti social

incidents to agencies and the problem persists, or2. A victim is aware that other people in the local community have reported separate, but

related, anti social incidents to agencies in the last six months and the problem persists.The trigger will be started if five or more individuals have made separate, but relatedreports over a six month period.

Please note: a qualifying complaint of ASB is if the complaint is made within the period of one month beginning with the date on which the behaviour is alleged to have occurred.

A Community Trigger should not be submitted where:

The agency/agencies involved have given a time-frame for actions to be completed andthis has not yet expired.

The agency/agencies involved have taken action and the victim is unhappy with theconduct of a particular agency. This should be directed back to senior officers within therelevant agency dealing with the issue and dealt with through their usual complaintsprocedure.

3

Surrey Community Trigger Framework Amended 27 August 2014

Surrey Community Trigger Process

COMMUNITY TRIGGER SUBMITTED

This can be via online form or letter/email/phone call

VICTIM OF ASB

Does NOT meet

threshold

Feedback rejection decision

to victim

ASSESSMENT OF COMMUNITY TRIGGER AGAINST THRESHOLD & RISK ASSESSMENT OF

VICTIM COMPLETED

By district/borough, police and RSL if appropriate

Feedback acceptance

decision

COMMUNITY TRIGGER IS REFERRED TO THE CIAG or JAG

CIAG/JAG reviews the CT and agrees an action plan to address the outstanding ASB issue. This should be

endorsed by the Chair of the Community Safety Partnership

THRESHOLD MET

If the victim remains unsatisfied with the response received they should

be referred to the Office of the Police & Crime Commissioner

INFORM VICTIM OF ACTION THAT IS TO BE TAKEN TO RESOLVE THE ASB ISSUE

RESOLUTION

Regular updates on action taken must be provided by the SPOC to both the victim and CSP Chair

Within 3 working days SPOC confirms

receipt of the CT and informs victim

of timescales for full response which will

not exceed 25 working days from

receipt of CT

4

Surrey Community Trigger Framework Amended 27 August 2014

Surrey Community Trigger Request Form

What is a Community Trigger? The Community Trigger (CT) is introduced by the Anti Social Behaviour Crime and Policing Act 2014. It gives victims and communities the right to request a review of their anti social behaviour complaints and brings agencies together to take a joined up, problem solving approach to find a solution. If a CT submission meets the defined threshold, a case review will be undertaken by the local Community Safety Partnership (CSP). Agencies will share information, review what action has been taken and decide whether additional actions are possible.

You can submit a Community Trigger request if: 1. You have reported three times in the last six months separate, but related, anti social

incidents to agencies and the problem persists, or2. You are aware that other people in the local community have reported separate, but

related, anti social incidents to agencies in the last six months and the problem persists.The trigger will be started if five or more individuals have made separate, but relatedreports over a six month period.

Please note: a qualifying complaint of ASB is if the complaint is made within the period of one month beginning with the date on which the behaviour is alleged to have occurred.

You cannot submit a Community Trigger request if:

The agency/agencies involved have given you a time-frame for actions to be completedand this has not yet expired.

The agency/agencies involved have taken action but you are unhappy with the conduct ofa particular agency. This should be directed back to senior officers within the relevantagency dealing with the issue and dealt with through their usual complaints procedure.

What is Anti Social Behaviour? Anti-social behaviour is a broad term used to describe the day-to-day incidents of crime, nuisance and disorder that make many people’s lives a misery – from litter and vandalism, to public drunkenness or aggressive dogs, to noisy or abusive neighbours. Such a wide range of behaviours means that responsibility for dealing with anti-social behaviour is shared between a number of agencies, particularly the police, councils and social landlords.

Who will deal with my Community Trigger submission? Your Community Trigger submission will be dealt with by your local Community Safety Partnership which is made up of a number of agencies including:

District or Borough Council

Surrey County Council

Surrey Police

Other agencies or organisations determined locally, for example, the local social housingprovider.

When will I get a response? We will confirmation receipt of your Community Trigger request within 3 working days of your submission.

5

Surrey Community Trigger Framework Amended 27 August 2014

FORM ONE:

You can submit a Community Trigger request using this form if you have reported three times in the last six months separate, but related, anti social incidents to agencies and the problem persists.

Your contact details

Name:

Address:

Postcode:

Telephone:

Mobile:

Email:

Incident details

Incident One:

Date:

What happened?

Where did it take place?

How has it affected you?

Who did you report it to?

Where you given a reference number? If yes, what is it?

What response did you get to this first report?

Incident Two:

Date:

What happened?

Where did it take place?

How has it affected you?

Who did you report it to?

Where you given a reference number? If yes, what is it?

What response did you get to this second report?

Incident Three:

Date:

What happened?

Where did it take place?

How has it affected you?

Who did you report it to?

Where you given a reference number? If yes, what is it?

What response did you get to this third report?

6

Surrey Community Trigger Framework Amended 27 August 2014

Additional Information

Please use the space below to provide any additional information you feel relevant.

Consent from Victim

If you are the victim and requesting the case review, please sign the below declaration. If you are acting on behalf of a victim involved in this case, please ask them to sign the below declaration before submitting the case review request form.

“As a victim of the incident/s indicated on this form, I give consent for the Community Safety Partnership to request information from relevant organisations including the local council, police, health providers and

housing associations about the case, and to share that information with appropriate agencies in order to determine if a case review meeting should take place.”

Victim’s Name:

Signature:

Date:

Thank you for submitting this information. You will be contacted within 3 working days to confirm receipt of your submission.

7

Surrey Community Trigger Framework Amended 27 August 2014

FORM TWO:

You can submit a Community Trigger request using this form if you are aware that other people in the local community have reported separate, but related, anti social incidents to agencies in the last six months and the problem persists. The trigger will be started if five or more individuals have made separate, but related reports over a six month period.

Your contact details

Name:

Address:

Postcode:

Telephone:

Mobile:

Email:

Incident details

Incident Details

Date:

Does this issue affect more than one household or business premise? Please provide as much detail as possible, including relevant names and addresses and contact details

What happened?

Where did it take place?

How has it affected them/you?

Who was it report it to?

Where they/you given any reference numbers? If yes, what are they?

What response has been made to these reports?

8

Surrey Community Trigger Framework Amended 27 August 2014

Additional Information

Please use the space below to provide any additional information you feel relevant.

Consent from Victims

If you are the victim and requesting the case review, please sign the below declaration. If you are acting on behalf of a victim involved in this case, please ask them to sign the below declaration before submitting the case review request form. A signature is required from each victim related to this submission.

“As a victim of the incident/s indicated on this form, I give consent for the Community Safety Partnership to request information from relevant organisations including the local council, police, health providers and

housing associations about the case, and to share that information with appropriate agencies in order to determine if a case review meeting should take place.”

Victim One Name:

Signature:

Date:

Victim Two Name:

Signature:

Date:

Victim Three Name:

Signature:

Date:

Victim Four Name:

Signature:

Date:

Victim Five Name:

Signature:

Date:

Victim Six Name:

Signature:

Date:

Victim Seven Name:

Signature:

Date:

Thank you for submitting this information. You will be contacted within 3 working days to confirm receipt of your submission.

9


Recommended