ENOUGH RESPECT ASB LEGAL UPDATE

1
ENOUGH RESPECT?ASB LEGAL UPDATE

• ANTI-SOCIAL BEHAVIOUR THE BIGGER PICTURE
• STEVE POVEY
• SENIOR SOLICITOR
• SHELTER CYMRU

2
EXISTING HOUSING ASB LEGAL TOOLS

• ASB Policies Procedures
• ASBOs ASBIs
• Possession
• Security of Tenure
• Probationary Tenancies
• Demoted Tenancies
• Housing Management
• Allocations, Transfers Mutual Exchange, RTB
• Homelessness

3
PARENTING CONTRACTS ORDERS

• Anti-social Behaviour Act 2003
• Police Justice Act 2006
• Extends availability of parenting contracts
  orders to social landlords
• Available to LAs RSLs from 29th June 2007

4
PARENTING CONTRACTS

• Trigger
• Reason to believe child has engaged or likely to
  engage in ASB and
• If LA, resides in area
• If RSL, ASB effects or would effect housing
  management functions

5
PARENTING CONTRACTS

• The Contract
• Between LA/RSL childs parent
• Contain requirements on parent to prevent likely
  or on-going ASB
• Must be signed by parties
• May require counselling or guidance programme

6
PARENTING ORDERS

• Trigger
• Reason to believe child has engaged in ASB and
• If LA, resides in area
• If RSL, ASB effects housing management functions
• NB 1 Not available if likely to engage in ASB
• NB 2 No requirement to have entered into
  contract first

7
PARENTING ORDERS

• The Order
• Magistrates or county court
• Court has power to make order if satisfied
• Child has engaged in ASB, and
• Order desirable in interests of preventing
  further ASB

8
PARENTING ORDERS

• The Order
• Parent obliged to
• comply with terms for up to 12 months
• attend counselling or guidance programme
• Terms at courts discretion
• Financial sanctions if breached
• NB RSL must consult with LA before applying

9
INJUNCTIONS

• No requirement for named victim
• Can be granted to protect persons generally, a
  class of persons or person specifically
• Applies equally to applications for demotion
  orders

10
POSSESSION PROCEEDINGS

• Impact of the Disability
• Discrimination Act 1995 on
• possession proceedings and
• anti-social behaviour
• Manchester CC v Romano (2004)
• Lewisham LBC v Malcolm (2007)

11
DISABILITY DISCRIMINATION ACT 1995

• It is unlawful for a person
• managing any premises to
• discriminate against a disabled
• person occupying those
• premises
• by evicting that person or subjecting him to any
  other detriment
• s.22 (3)

12
DISABILITY DISCRIMINATION ACT 1995

• For the purposes of s.22, a
• person discriminates against a
• disabled person if
• For a reason relating to their disability, he
  treats him less favourably than he would treat
  those to whom that reason does not apply and
• He cannot show that the treatment is justified
• s.24

13
DEMOTED TENANCIES

• s.143F Housing Act 1996
• The Demoted Tenancies (Review of Decisions)
  (Wales) Regulations 2005 No 1228 (W.86)
• Tsfayo v UK 2007 ECHR 656
• R(Gilboy) v Liverpool City Council 2007 EWHC
  2335 Admin

14
SANCTIONING HOUSING BENEFIT

• Welfare Reform Act 2007
• Conditions
• Possession order on nuisance ground
• Evicted as a result
• Refused to engage with rehabilitation services
• Entitled to HB

15
SANCTIONING HOUSING BENEFIT

• Sanctions
• Warning notice from local authority
• Tapered reduction of HB for first 8 weeks
• No HB entitlement after 8 weeks for up to 5 years
• Provisions for appeal, good cause and hardship
• 2 year pilot scheme from 1st November 2007 (in
  England only)

16
CLOSURE ORDERS

• Anti-social Behaviour Act 2003
• Police power to close premises linked to Class A
  drugs
• Notice order procedure
• Closure necessary to prevent further disorder or
  serious nuisance
• Immediate removal of problem whilst addressing
  causes

17
CLOSURE ORDERS

• Criminal Justice Immigration Bill 2007
• Extends availability to
• Premises where ASB caused by non-Class A drug use
  or manufacture
• Local authorities
• Anti-social Behaviour (Scotland) Act 2004

18
CLOSURE ORDERS

• Notice requirements
• During last 3 months
• ASB on premises
• Evidence of significant persistent nuisance or
  disorder
• Consultation between police LA
• Order requirements
• As above plus order necessary to prevent
  reoccurrence of ASB

19
CLOSURE ORDERS

• Consequences of notice
• Prohibit anyone occupying premises, other than
  those with legal right to occupy or habitually
  occupy
• Apply for order within 48 hours
• Consequences of order
• Property completely sealed for up to 3 months
• Fines imprisonment for those breaching or
  obstructing order