Anti-social behaviour Archives

Steve Hilditch

Founder of Red Brick. Former Head of Policy for Shelter. Select Committee Advisor for Housing and Homelessness. Drafted the first London Mayor’s Housing Strategy under Ken Livingstone. Steve sits on the Editorial Panel of Red Brick.

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‘Neigbourhood Watched’ on the BBC seems to be achieving cult status, ‘The Wire’ without the guns (and without the Americans). Although I’m not sure whether I’m more disturbed by Michelle and Laura, two of the ‘stars’ of the last episode, or some of the twits who tweeted about it.

It is refreshing to have a programme about the work and challenges facing housing officers. They came across as caring and business-like, offering the families chances to change but then being decisive when the chances were spurned. The focus of the programme on anti-social behaviour may have given a distorted view of what housing officers do, but it demonstrated that it is a serious blight in many neighbourhoods and can ruin an estate. For a family to nickname a small child ‘asbo’ is pretty disgusting. I may have missed it but the one weakness in the approach was that I can’t recall any reference to Children’s Services being made. The families will live somewhere when they are evicted, the children will still be there, things may get worse not better, and there are no housing officers paying attention in the private rented sector.

Most of us go into housing because of Bill and Elsie and have to put up with Michelle and Laura. After a good life bringing up their children in their council home (the distinction between the council and the housing association seemed irrelevant to them) all they wanted was a sheltered flat with no stairs as they approached their 80s in declining health. The housing officers knew the house would be in high demand for a family but it was touch and go whether they would qualify for a sheltered flat. How crazy is that? But their story demonstrated the huge significance of a decent affordable home to the quality of life of ordinary decent people – and in my experience they are far more representative of social housing tenants than the stereotypical spongers we read about everyday.

I expect the programme is available on BBC i-player if anyone missed it. I hope there are more Bills and Elsies in the rest of series. They make the struggle worthwhile – for resources, for more affordable homes, and for decent treatment of tenants as human beings not chess pieces to be moved around the board every year or two.

Steve Hilditch

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Yet another attempt at populism by Mr Shapps with his announcement that ‘neighbours from hell’ will face faster eviction under ‘radical plans’ to introduce a new additional mandatory ground for possession against social tenants, under which tenants with a track record of anti-social behaviour can be evicted from their council or housing association property much more quickly. At its core, the proposal means that being found guilty of housing related anti-social behaviour in one court will provide automatic grounds for eviction in the county court, removing the need to prove the incidents of anti-social behaviour for a second time.

So far so good, it would be hard to find a stronger consensus on any issue than the one in support of tackling anti-social behaviour quickly and effectively.

However, m’learned friends at the consistently excellent Nearly Legal website take a different view. And, as NL says, it is housing lawyers who will have to make sense of this when court cases follow.

So what are their key points?

First, NL say that a criminal conviction would already be incontestable as a fact in civil possession proceedings – there is no need for something to be ‘proved again’ on a possession claim at all.

Secondly, they see definitional problems. Mr Shapps says the new mandatory ground will follow a tenant being found guilty of ‘housing related anti-social behaviour’ – but, say NL, that “covers a lot of ground, from the minor but annoying to the very serious indeed. And ‘found guilty’ – does this mean a conviction in the Magistrates or Crown Court? Or the Magistrates making an ASBO or ASBI?”

Thirdly, they see problems in the word ‘mandatory’, which due to a case called Pinnock, is a bit more of a tricky concept than it used to be and not as certain as Mr Shapps would like.

Fourthly, they say there is little if any evidence that non-mandatory possession proceedings are what is getting in the way of dealing with the problem, even in the dreadful ASB cases quoted in Mr Shapps’ press release.

NL places the problem closer to home, and in particular the failure of some landlords and the police to take more effective and joined up action against perpetrators or to support victims, and the lack of dedicated funding. So, they conclude, “Unless existing powers are actually used (and the dedicated joined-up ASB teams funded), the fact that there may be a kind of mandatory possession proceeding .. is going to make no practical difference to the situation at all, as there will be as few ‘housing related ASB’ prosecutions as there are now, or even fewer.”

Mr Shapps announcement is therefore, they say, “a chocolate teapot”.

PS – another sceptical lawyer writes on 24 Dash – see here http://www.24dash.com/news/housing/2011-01-14-Lawyer-in-warning-over-fast-track-evicitons-under-ASBO-reforms