Implementation of Provisions of the Anti-Social Behaviour, AGENDA ITEM 8
Transcription
Implementation of Provisions of the Anti-Social Behaviour, AGENDA ITEM 8
AGENDA ITEM 8 BRISTOL CITY COUNCIL Full Council 11 November 2014 Report of: Strategic Director - Neighbourhoods Title: Implementation of Provisions of the Anti-Social Behaviour, Crime and Policing Act 2014 and Other Fixed Penalty Notices. Ward: Citywide Report author: Crime Reduction Manager Contact Telephone Number: 0117 3525249 RECOMMENDATION Full Council resolves 1. That the council's executive arrangements be amended as follows: (a) That any power or duty under The Anti-Social Behaviour Policing and Crime Act 2014 (The Act) that falls within the second schedule of SI 2000/2853 (as reproduced in part 3 (responsibility for functions) par 3 (Local choice Functions) of the council's constitution) shall not be the responsibility of the Council's executive; and (b) that any such functions may be discharged on the council's behalf by The Public Safety and Protection Committee and/or any of the Strategic Directors of Place, People and Neighbourhoods or subordinate officers as designated by them 2. That in connection with the exercise of any other functions falling within their respective areas of responsibility, The elected Mayor determines and the full council resolves: (i) To effect arrangements under which functions conferred by the AntiSocial Behaviour, Crime & Policing Act 2014 may be discharged by the Strategic Director of Neighbourhoods and/or officers designated by them in line with the constitution; and/or (in respect of non-executive functions) by The Public Safety and Protection Committee including as described in Appendix 2, subject to: (a) the same conditions and limitations that apply to the exercise of other functions that are subject to arrangements in Part 3 of the council's constitution; and (b) the ability to refer any related matter (within the meaning of section 7 of The Licensing act 2003) to the council's licensing committee or a suitably authorised sub- committee; (ii) That any fixed penalty notice that is served where the authorised person believes an offence has been committed under sections 48, or 63 or 67 of The Act shall specify £100 as the fixed penalty, or £60 if that lower amount is paid within the period of ten days beginning with the day on which the Notice is issued. (iii) That the amount of fixed penalty payable and the time within which any lower amount must be paid in respect of certain other environmental offences be specified in accordance with the table in paragraph 15 of the report, any lower amount specified there being payable within the period of ten days beginning with the day on which the Notice in question is issued. Summary 1. To inform the Mayor and full council of new powers falling within their respective areas of responsibility as a result of the Anti-Social Behaviour, Crime & Policing Act 2014 coming into force from 20 October 2014; 2. To request arrangements be made for their effective discharge; 3. To ask full council to set the level of fixed penalty notices to be paid by persons agreeing to discharge their liability to prosecution by payment of the penalty under the provisions of the Act and other associated legislation. The significant issues in the report are: Legislation has conferred new tools and powers on the local authority to tackle anti-social behaviour and agreement is sought from the Mayor and Council to make arrangements for their effective discharge. The level of new fixed penalty notices needs to be agreed and there is an opportunity to introduce parity and consistency in the level of related fixed penalty notices. This is also an opportunity to introduce an early payment discount rate. Policy 1. These recommendations relate to the Council’s Enforcement Policy for Regulatory Services Consultation 2. Internal Implementation workshops and Regulatory and Enforcement group briefings. 3. External Implementation workshops held with Police, representatives of Bristol Housing Partnership and Housing Delivery Service User Group. The Police have been further consulted on the fixed penalty notice amendments. 4. Context 1. ‘Anti-social behaviour’ is a broad term used to describe incidents of behaviour that falls short of incidents that would be prosecuted as general 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 council, police and social landlords. 2. The Anti-Social Behaviour, Crime and Policing Act 2014 received Royal Assent in March 2014. It contains provisions around anti-social behaviour and a range of other issues. The Act, which applies in England and Wales, takes forward measures to: focus the response to anti-social behaviour on the needs of victims empower communities to get involved in tackling anti-social behaviour through the Communtiy Trigger and Community Remedy ensure professionals can protect the public quickly through faster, more effective powers and proposals to speed up the eviction of the most anti-social tenants reduce the bureaucracy associated with the exercise of existing powers 3. The Act replaces 19 existing powers dealing with anti-social behaviour with 6 broader powers, streamlining procedures to allow a quicker response to ASB. The government envisages that these powers will make it easier for agencies and regulators to take action against antisocial behaviour and reduce repeat victimisation to protect victims and communities. A summary of these powers is contained at Appendix 1. 4. Many of the new tools and powers are conferred on both the local authority and police, while others may be available to only the police or the council. 5. The nature of arrangements that may be made to discharge functions depends on whether the power or duty concerned is ultimately the responsibility of the elected Mayor (executive functions) or the Full Council (non-executive functions). The default position is that the matter will be an executive function unless the Act conferring the function, or regulations made under The Local Government Act 2000, provide otherwise. Sometimes the regulations provide that the Full Council can decide if, under its executive arrangements, the matter will be one for the executive or not; these are commonly referred to as “local choice functions” 6. In the case of The 2014 Act it is understood that local authorities will soon be consulted about all of its functions being specified in regulations as local choice functions. Until the position is finally clarified in regulations the responsibility for each of the new powers will need to be determined by interpreting statute and the council’s constitution. If full Council accepts the first resolution in this report then all of the new functions that fall within a description in the current schedule of local choice functions will fall to be decided under arrangements made by the full council and not by the elected Mayor. Functions that fall outside of those descriptions will continue to be discharged by the Executive, unless they replace functions that were themselves specified as ones that were not to be the responsibility of the elected Mayor, in which case if the recommendations in this report are accepted they will be discharged by the Public Safety and Protection committee (if a significant decision or if so referred) or by a delegated officer. 6. The elected mayor is being asked to allow the relevant Director or their nominated officers to make non key executive decisions only; key decisions in the executive’s area of responsibility would require a report to cabinet, although it is not anticipated that any key decisions will need to be made under this legislation. 7. If it should transpire that regulations specify the whole of this new Act as local choice functions then the effect of recommendation number 1 will be that all of the functions will be exercisable under arrangements made by full Council. Your officers consider that this is in line with official guidance that regulatory matters should usually not be the responsibility of an authority’s executive, whereas policy matters usually should be. 8. Delegation of non-executive functions are set out in Part 3 of the Council’s constitution. It is the council's intention that any function that is capable of being delegated to a committee and/or officer is delegated through the published scheme. Any non- executive function may be exercised by the City Director notwithstanding its delegation to another Strategic Director where the function is capable of being discharged by an officer. Under current arrangements, the new provisions within the ASB, Crime & Policing Act fall within the remit of numerous committees namely Public Safety & Protection, Public Rights of Way & Greens and Licensing. 9. Full Council has delegated to the Public Safety and Protection Committee all functions relating to public safety and protection as specified in Regulation 2 and Schedule 1 to the Local Authorities (Functions and Responsibilities) (England) Regulations 2000 (as amended) and under specific provisions in the scheme and any related secondary Legislation. All functions set out in the Public Safety & Protection Committee terms of reference that are capable in law of being decided by an officer are delegated to the Strategic Director Neighbourhoods. 10. Full Council has delegated to the Public Rights of Way and Greens Committee all functions relating to public rights of way and greens including non- executive functions delegated to the Neighbourhoods and Place Directorates. These include provisions around gating and the stopping up of public rights of way. All the functions set out in the relevant list (List B) of the Public Rights of Way & Greens Committee are delegated to the Strategic Director of Neighbourhoods. 11. Full council has arranged for the Licensing Committee to discharge provisions concerning designated public places (street drinking controls) and closure of premises under sections 19-28 of The Criminal Justice and Police Act 2001. These actions have been included in the streamlined new procedures in the 2014 Act 12. The threshold for any fixed penalty notice issued under the Act should be set at a level not exceeding the maximum permissible, which is £100. A fixed penalty notice may specify two amounts and if the lower amount is paid within a specified period (less than 14 days) that is the amount of the fixed penalty. It is recommended the penalty notice threshold be set at £100 to broadly reflect the current levels levied for those notices being repealed (i.e. litter abatement notice, litter clearing notice, street litter control notice and defacement removal notice) and it is further recommended a second amount is set at £60 with the lower being the fixed penalty notice if paid within 10 days. [Defra guidance on the use of fixed penalty notices states “Evidence to date is that where discounts are being offered, they are working to encourage improved payment rates and are therefore strongly recommended”]. 13. When a local authority decides to set its own fixed penalty amounts, these must fall within the ranges set out in the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007 (regulation 2). The ranges are from £50 to £80 for those offences with a default amount of £75 and from £75 to £110 for offences with a default amount of £100. In addition, the Environmental Offences (Fixed Penalties) (Miscellaneous Provisions) Regulations 2007 (regulation 3) specify amounts below which the discounted penalties may not fall. The amounts are: For offences with a default rate of £75, £50; For offences with a default rate of £100, £60; For offences with a default rate of £300, £180 Proposal 13. It is recommended that all non-executive functions arising from implementation of the Act be delegated to one committee. It is recommended this is the Public Safety and Protection Committee given the majority of existing functions fall within it’s terms of reference. 14. Further consideration should be given to the council’s strategic approach to tackle anti-social behaviour in public places in light of the new provisions arising from the Anti-Social Behaviour, Crime and Policing Act 2014. For example the Community Protection Notice and Public Space Protection Order provide flexible and effective tools for designated officers to swiftly tackle many forms of environmental nuisance. An exploration of all mechanisms available to the council and it’s partners will be the subject of a Neighbourhoods Scrutiny Inquiry Day on 17 November, with the intention of making recommendations on a preferred approach for addressing ASB in parks and green spaces. 15. The following table shows the proposed changes to other Fixed Penalty Notices (FPNs) with the introduction of an early repayment fee. The early repayment period will be set at 10 days from the date of the notice with the full amount payable within 14 days of the date of the notice. To bring parity and equity to the FPN regime, a standard formula has been applied to set both the higher and lower penalty charge within the amounts permitted by the relevant legislation. The lower amount being two thirds of the higher sum and rounded down where appropriate. Section and Legislation S87 and 88 Environmental Protection Act 1990 S46 Environmental Protection Act 1990 S47 Environmental Protection Act 1990 S43 AntiSocial Behaviour Act 2003 S34A(2) Environmental Protection Act 1990 Repealed by ASB, Crime & Policing Act 2014 Offence Who can issue FPN Council (inc PSCO), police, other accredited persons Council, police, other accredited persons N Littering N Breach of Waste receptacles notices N Breach of waste receptacles notices Council, police, other accredite d persons N Defacement/ graffiti Council, Police (inc PCSO), other accredite d persons N Failure to produce waste transfer Council and Environm -ent Agency Amount Permitted Current Amount Propose d full Amount Proposed early payment amount £50-80 full rate, not less than £50 early payment rate £75 £75 £50 £75 £75 £50 £100 £100 £60 £75 £75 £50 £300 £300 £200 £60-80, not less than £40 early payment fee £75-110 for full rate Not less than £60 early payment rate £50-80 full rate, not less than £50 early payment rate £300 full rate, not less than £180 early payment rate Other Options Considered 1. 2. To adopt all the tools and powers conferred upon the local authority under the Anti-Social Behaviour, Crime and Policing Act 2014 and not amend other fixed penalty notices. Do nothing. Risk Assessment The proposal is to implement tools and powers that include measures to take enforcement action to tackle individuals, groups or organisations that persistently cause anti-social behaviour in the city. The purpose of these measures is to allow swift and effective intervention and provide protection to individuals and communities. Failure to exercise these functions will have a detrimental impact on the local amenity and citizen’s quality of life. The proposal to introduce an early payment discount option for both existing and new fixed penalty notices brings parity and consistency to the regime. Public Sector Equality Duties 8a) Before making a decision, section 149 Equality Act 2010 requires that each decision-maker considers the need to promote equality for persons with the following “protected characteristics”: age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex, sexual orientation. Each decision-maker must, therefore, have due regard to the need to: i) Eliminate discrimination, harassment, victimisation and any other conduct prohibited under the Equality Act 2010. ii) Advance equality of opportunity between persons who share a relevant protected characteristic and those who do not share it. This involves having due regard, in particular, to the need to -- remove or minimise disadvantage suffered by persons who share a relevant protected characteristic; - take steps to meet the needs of persons who share a relevant protected characteristic that are different from the needs of people who do not share it (in relation to disabled people, this includes, in particular, steps to take account of disabled persons' disabilities); - encourage persons who share a protected characteristic to participate in public life or in any other activity in which participation by such persons is disproportionately low. iii) Foster good relations between persons who share a relevant protected characteristic and those who do not share it. This involves having due regard, in particular, to the need to – - tackle prejudice; and - promote understanding. 8b) A full equalities impact assessment has been conducted and informs this report and recommendations. In particular the needs of persons with the protected characteristics of age, disability, ethnicity and faith have been taken into account. When communicating changes to legislation and upcoming enforcement operations, we will need to ensure that information is available in accessible formats. When using enforcement powers, it is important that age and any disability (particularly mental health issues) are properly considered and that staff are aware of any special arrangements, or discretion on the basis of disability. The proposal for introducing an early payment discount for fixed penalty notices will affect anyone committing an environmental offence – this will include people from all equalities groups. The introduction of this early payment discount is part of an initiative to revamp the way that we use fixed penalty notices and to use our resources to target environmental nuisance in areas where this is a clear community priority. The council holds detailed equalities data by ward, and from this data we know that areas in which environmental nuisance is a priority are also some of the most ethnically diverse in the city. Therefore, targeting these areas will have effect on BME communities and also may affect some faith premises. Legal and Resource Implications Legal 1. The nature of the new powers As correctly reflected in the report the new powers are far less bureaucratic than those they replace. In particular the formalities attendant upon their exercise and the level and scope of consultation required before a decision is reached is now capable of being tailored to the particular circumstances of the case. An appropriate response need not necessarily involve the convening of a multi-agency case conference, or the conduct of a wide ranging statutory consultation process, or other formalities that apply to the equivalent functions that are being replaced. Proper consultation remains a feature of the work but the nature and scope of that consultation is much more within the discretion of the council in each case. Lawful consultation always requires: • that those being consulted know what is under contemplation • that they know how to respond and have sufficient time to do so • that they have sufficient information to understand the proposals • that their views are conscientiously taken into account before the council (which may be acting under delegated powers) makes its own independent decision. 2. Decision making responsibility The default position in law is that all matters are the responsibility of the Executive unless an Act or Regulations specify otherwise. Government policy for councils operating executive arrangements is that regulatory matters should not be the responsibility of the Executive and so should continue to be dealt with by the full council or more probably by committees, subcommittees or officers authorised by them. However government policy has not always been applied as might have been anticipated, with the result that some things that are, on the face of it, regulatory matters are nonetheless within the Executive's area of responsibility. Anti-social behaviour orders and some (but not all) injunction powers are examples of regulatory activity that fall to the Executive due to the default position not being displaced by legislative provision Other things, such as all of the existing control orders and notices that will be replaced when the new provisions are fully in force (in relation to dogs, litter and graffiti, for example) are matters which cannot lawfully be the Executive's responsibility. The exercise of the power to issue a 48 hour closure notice may only be discharged by a Council's Head of Paid Service (i.e. The City Director) or her designate, so this is not a function in respect of which either the full council or the elected mayor would be called upon to make arrangements. Those functions that are the responsibility of the Executive can only be discharged by persons or bodies other than the Mayor himself under arrangements made by him; he may delegate to the cabinet, to a committee of the cabinet, to an individual executive member or to an officer. Those functions that are the responsibility of the full council can only be discharged by persons and bodies other than the full council under arrangements made by it. Full Council may delegate the functions for which it is responsible to committees, sub committees or officers. For this reason delegation of new functions require the specific decision of the person (Mayor) or body (full council) with responsibility for them. 3. At the time this report is written, no regulations have been made or amended so as to specify which arm of the council is to have responsibility for the new functions. The Interpretation Acts operate so that, in respect of matters that are repealed and replaced by new provisions (as is the case here), where existing regulations specify that those matters were not to be the responsibility of the Executive they should be read as if they now referred to the new provisions that replace the ones that have been amended and/or repealed. For example, as reflected in the report, the ability to make dog control orders will be replaced by the power to make a public spaces protection order in relation to that (and other) issues. As the legislature has not repealed the provision that says that a dog control order is a matter that cannot be the responsibility of the Executive, that provision should now be read as a reference to the power to make a public spaces protection order and so it too is a matter not to be the responsibility of the Executive. The current separation of responsibility for various functions remains as under the current regimes, although this could change in the light of any amendment to the relevant regulations. The recommendation, if accepted by the full Council and the elected Mayor, is drafted such that no further decision will be required in respect of the amended powers even if the regulations that specify responsibility for functions are changed in due course. 4. When an Authorised officer considers an offence has been committed (for example, in contravention of a public spaces protection order) he or she should consider, having regard to relevant Council policy and national guidance, what the appropriate and proportionate enforcement response should be in the particular circumstances of the case. Sometimes a contravention is such that prosecution is the only reasonable response, but it has never been the law in this country that all offences will be prosecuted and a range of alternative means of enforcement are available. These include informal warnings, cautions, new community remedies and the giving of a fixed penalty notice. A fixed penalty notice gives the suspected offender the opportunity to remove the risk of being prosecuted by payment of a penalty that has been fixed by or under statutory provisions. Legal advice is available to ensure the format of the council's fixed penalty notices will comply with the statutory provisions. It should be understood that a fixed penalty is not a fine and that the payment of a fixed penalty is not evidence that the suspect accepts that he or she is guilty of the offence in question. A blanket policy of always issuing fixed penalty notices would be unlawful; where discretion exists it must be exercised lawfully and having due regard to relevant policies in the light of the particular circumstances of the case. The new powers are likely to be more suited to being operated across Council services when compared to those that they replace, for example more than one issue may be covered in a PSPO where previously each issue would be required to be addressed in a separate order. This makes it all the more important that consistency of approach in the application of the Council’s policy is achieved and effective training of officers will need to be carried out to ensure that the new powers are exercised fairly, proportionately and without maladministration. The council has a council wide enforcement group in place that brings all of its regulators together and this group should also help in ensuring consistency. Where a fixed penalty notice is not satisfied the Council should generally recommend that consideration be given to prosecution for the primary offence. Under the Council's constitution prosecution decisions are made by the Service Director-Legal Services, or one of his two Service Managers, acting on the recommendation of the authorised officer or his/her manager. On conviction the Council asks the court to order reimbursement of its legal and investigative costs by reference to an hourly rate for the work undertaken. 5. The new powers will have the result that far more orders are likely to be made than currently; the training referred to above must cover the constitutional and other rules applying to the making of Orders by Bristol City Council. Orders that have not been properly made are not enforceable. (Legal advice provided by Pauline Powell, Team Leader (Regulatory Law) for Service Director – Legal Services ) Financial (a) Revenue The revenue budget implications of this report have been reviewed and it is confirmed that there is no material impact on the Council’s financial position. (b) Capital There is no financial (capital) impact. (Financial advice provided by Janet Ditte, Service Manager Finance Business Support ) Land Not Applicable Personnel There are no additional resources required to deliver the recommended option. There are no known potential reductions or redundancies as a result. There are further training requirements for existing front line and customer service operative’s in the use of new tools and powers within the Council. (Personnel advice provided by Sandra Farquharson / People Business Partner, Neighbourhoods) Appendices: 1. Summary of both repealed and new tools and powers 2. List of delegations 3. Equalities Impact Assessment LOCAL GOVERNMENT (ACCESS TO INFORMATION) ACT 1985 Background Papers: None Appendix 1 Summary of new tools and powers and those being replaced by the Anti-Social Behaviour, Crime & Policing Act 2014. Repealed Tools and Powers Anti-Social Behaviour Order (ASBO) New Tools and Powers 1. 2. Civil Injunction Criminal Behaviour Order Litter Clearing Notice 3. Street Litter Clearing Notice 4. Graffiti/Defacement Removal Notice 5. Community Protection Notice (CPN) Public Space Protection Order (PSPO) Closure Notice and Order 6. Dispersal Power 7. Absolute and Discretionary Grounds for Possession of Dwelling Houses ASBO on Conviction Drink Banning Order (DBO) Anti-social Behaviour Injunction (ASBI) Individual Support Order (ISO) Intervention Order Designated Public Place Order Gating Order Dog Control Order ASB Premises Closure Order Crack House Closure Order Noisy Premises Closure Order S161 Closure Order S30 Dispersal Order S27 Direction to Leave Appendix 2 Intervention Civil Injunction Civil power to stop a person’s ASB escalating and set a clear standard of behaviour. Can include prohibitions and positive requirements. For perpetrators aged 10 plus Criminal Behaviour Order (CBO) Court order to tackle ASB which is applied following a conviction for any criminal offence. Can include prohibitions and positive requirements. Community Protection Notice (CPN) Notice to stop persistently anti-social individuals, businesses or organisations. Can include requirements to stop or do things or take steps to avoid further ASB. Public Space Protection Order (PSPO) Order designed to protect public spaces from persistently anti-social individuals or groups. Can include reasonable restrictions and requirements. Closure Powers Power to close premises for up to 48 hours out of court (closure notice) or up to 6 months via a court order (closure order). Absolute ground for possession Ground which offers protection and faster relief to victims by quickly evicting the most anti-social tenants. Dispersal powers Power to remove a person from a specific location for up to 48 hours if authorised by a police inspector or above. Anti-Social Behaviour summary of new tools and powers Exec/Non-Exec Function & Who Can make/give/apply Delegation Executive Designated Council officers, (Director police, social housing Neighbourhoods) provider, environment agency, NHS Protect [Ancillary to sentencing, does not need specific delegation] The Prosecutor in criminal matters inc. the Council and CPS Non-Executive (PSP Committee and Director Neighbourhoods) Designated Council officers, police (inc. PCSOs), other persons designated by order of Secretary of state and authorised by the Council The local authority (in consultation with relevant parties) Usually NonExecutive (PSP Committee and Director Neighbourhoods) Non-Executive for 24 hrs notice, Head of Paid Service or their designate for 48 hrs notice Executive (Director Neighbourhoods) NA Designated Council officers (24hr maximum), Head of Paid Service or their designate (48 hrs) and police Designated Council officers with delegated power to manage housing, social housing providers and private landlords Police (including PCSOs where designated by the Chief Constable) Grounds Non-housing related ASB – likely to cause harassment, alarm or distress Housing related ASB – capable of causing nuisance or annoyance Help prevent harassment, alarm or distress if perpetrator committed a criminal offence and caused harassment, alarm or distress Typical Uses Drug/alcohol related ASB, harassment, noise (tenure neutral), vandalism, aggressive begging etc. Harassment, hate crime, drunk and rowdy behaviour etc. Persistent or continuing conduct which negatively affects a locality or community’s quality of life Graffiti, dog fouling, persistent begging, noise disturbances etc. Unreasonable behaviour which is (or likely to be) persistent or continuing and has (or likely to have) a detrimental effect on the local community’s quality of life Premises used (or likely to be used) to cause nuisance or disorder Dog fouling, nuisance vehicles, alcohol/drug related ASB in open spaces The tenant, a household member, or a person visiting has been convicted for a serious offence or breached certain ASB interventions (the above orders or a nuisance abatement notice) Committing (or likely to commit) harassment, alarm or distress, or crime and disorder in a public place Drug dealing, persistent harassment of neighbours, conviction for a serious sexual or violent offence. Premises where ASB is causing nuisance or disorder such as noisy premises, environmental pollution, drug/alcohol related etc. Alcohol/drug related ASB, lighting fires, illegal raves etc. Bristol City Council Equality Impact Assessment Form APPENDIX 3 Name of proposal Directorate and Service Area Name of Lead Officer Neighbourhoods, Neighbourhoods and Communities and Environmental Services People, Housing Solutions and Crime Reduction Stuart Pattison Step 1: What is the proposal? Please explain your proposal in Plain English, avoiding acronyms and jargon. This section should explain how the proposal will impact service users, staff and/or the wider community. 1.1 What is the proposal? The main part of the proposal is to implement the tools and powers introduced by the Anti-Social Behaviour, Crime and Policing Act 2014. These include measures to take enforcement action to tackle individuals, groups or organisations that persistently cause anti-social behaviour in the city. The purpose of the measures are to allow swift and effective intervention and provide protection to individuals and communities. Some of the tools are designed to address the behaviour of individuals whilst others are to minimize the impact of wider issues of anti-social behaviour such as environmental nuisance. There is also a proposal to introduce an early payment discount option for existing fixed penalty notices, and new fixed penalty notices introduced by the Act. Step 2: What information do we have? Decisions must be evidence-based, and involve people with protected characteristics that could be affected. Please use this section to demonstrate understanding of who could be affected by the proposal. 2.1 What data or evidence is there which tells us who is, or could be affected? Tackling anti-social behaviour (ASB) is both a government and local priority. Around 3 million incidents of anti-social behaviour were reported nationally in the year ending March 2013, with over 36,000 incidents reported to Safer Bristol partners. ASB has a devastating effect not only on individuals and communities but also on the economy. Recent research conducted by One Poll on behalf of RSA insurance suggested that anti-social behaviour cost UK businesses £9.8 billion in 2011. Much of what is often described as ASB, such as vandalism, graffiti or harassment, is actually crime. However, even incidents that appear minor in isolation can have a devastating cumulative impact when part of a persistent pattern of behaviour, and such abuse is often targeted at the most vulnerable members of our society. Civil powers to tackle ASB were intended to prevent the kind of sustained harassment visible in some high-profile cases and give the police an alternative to criminal prosecution where it was difficult to prove that an offence had been committed or where victims were afraid to give evidence. However, victims and practitioners alike have said that many of the formal powers currently available are unsatisfactory. There are too many behaviour-specific powers, which is confusing, and establishing the criminal standard of proof makes the process expensive and slow. More than ten pieces of related legislation since 1998 have resulted a plethora of powers to deal with a range of ASB problems. This is confusing for both professionals and victims. Having a new power for every problem encourages practitioners to focus on the behaviour itself, not the harm that it is causing to the victim, which can mean that the cumulative impact of targeted ASB on vulnerable individuals is overlooked. Nor are the current powers necessarily effective at changing the behaviour in question, as the ASBO breach rate of 57% demonstrates. Using ASBOs as an example, we know that a total of 24,427 ASBOs have been issued over the period 1 April 1999 to 31 December 2013. The highest number of ASBOs issued in any calendar year was 4,122 in 2005. Post 2005, there were year-on-year falls in the number of ASBOs issued until the slight increase in 2013. The greatest numbers of ASBOs issued over the total period have been in Greater London (3,175), Greater Manchester (2,207) and West Midlands (1,901). In Bristol 658 ASBOs have been issued since 1998. In total, 60% of ASBOs (14,776) have been issued following conviction for a criminal offence. The overwhelming majority (93%) of applications for the remaining 40% of ASBOs were made by the Police or Local Government Authority. Over the period, 36% of ASBOs have been issued to juveniles and 64% to individuals aged 18 and over. 60% of ASBOs issued over the total period were made for a duration of between two and three years. 13% were made for five years or more and 6% until further order. In 2013 • 1,349 ASBOs were issued, a 2% increase from 2012. • 85% were issued to males. • 21% were issued to juveniles. • 65% were issued following conviction for a criminal offence. • 21% were issued for a duration of 5 years or more. • 25% of 116 ASBOs issued on application to juveniles were accompanied with an Individual Support Order. This is an increase from 18% in 2012 and is just below the 2009 peak of 26%. Of 24,323 ASBOs issued between 1 June 2000 to 31 December 2013, 58% (14,157) had been breached at least once. Of those breached, 75% (10,651) were breached more than once. In 2013, there were 862 ASBOs breached for the first time, which was a 3% decrease compared to 2012 and the lowest number of breaches since 2003. There have been a total of 70,770 separate breaches of ASBOs. If an ASBO is breached, on average it is breached five times. Just over two-thirds of juveniles had breached their ASBOs at least once by the end of 2013, compared to just over half of adults. Since June 2000, 29% of ASBOs have been breached within the same year in which they were issued. On annual basis, this ‘in-year breach rate’ has remained relatively stable since 2009 at around 30%. Of the 14,157 ASBOs breached at least once: • 53% (7,503) resulted in courts imposing a sentence of immediate custody; • 23% (3,200) resulted in a community sentence being imposed. • 24% (the remainder) were dealt with by way of discharges, fines, one day in police cells, disqualification from driving and other miscellaneous disposals not shown separately. Over the entire period 59% of adults have been given a custodial sentence for breach of an ASBO compared to 37% of juveniles. In 2013, 58% of adults were given a custodial sentence for breach of an ASBO, compared to 23% of juveniles. In 2013 the severest sentence given for breach of an ASBO was 4.0 months. The ASBO will be repealed through the new Act and replaced with a new Civil Injunction. Given its civil status, breach of the Injunction will not result in a criminal conviction removing the potential to criminalise young people who breach an enforcement order. We know that a balanced response, incorporating elements of both enforcement and prevention is essential, especially for perpetrators with complex needs. Informal tools can be very effective at dealing with anti-social behaviour by the vast majority of perpetrators. However, there is recognition among frontline professionals that much of the most serious anti-social behaviour is committed by a persistent minority of people with deep-rooted problems. This group is far smaller, but their actions are higher impact in terms of both the safety of the community and the cost to the tax-payer. Formal court-based tools are designed to deal with this small and problematic group. The take-up by applicant authorities (e.g. the local authority or the police) of the support designed to help people address those problems has been very low. For example, only 8% of ASBOs issued to young people since 2004 had a supportive order attached. As a result, the reforms give frontline professionals more freedom. Informal, out-of-court disposals are an important part of professionals’ toolkit for dealing with anti-social behaviour, offering a proportionate response to first-time offenders or low-level incidents and a chance to intervene early and prevent behaviour from escalating. Long-running problems can destroy a victim’s quality of life and shatter a community’s trust in police and other agencies. It is often targeted at the most vulnerable people in our communities. A recent report published by HM Inspectorate of Constabulary (HMIC)10 showed that repeat and vulnerable victims are disproportionately exposed to and harmed by ASB, and that vulnerable people who suffer repeat incidents are most likely to fall through the net. This could be as a result of low level ASB being dealt with on a case by case basis without the full impact on the victim being considered, or reports to a number of agencies resulting in isolated responses that do not fully deal with the issue. There are considerable savings to be made for the police and local authorities from the removal of the need to designate a dispersal zone. There are likely to be longer-term benefits associated with the use of positive requirements to change the behaviour of offenders, and potentially reduce future anti-social behaviour and offending. The new environmental powers cover a wider range of behaviour (all behaviour that is detrimental to the amenity of the locality and/or having a negative impact on the local community’s quality of life) rather than specifically stating the behaviour covered (e.g. litter or graffiti). This was highlighted in consultation responses as one of the main advantages of the proposals as it allows the most appropriate agency to deal with the situation and can apply to businesses and individuals. Environmental anti-social behaviour and nuisance are perceived to be a problem by members of the public across the country.7 According to the most recent figures in the Office for National Statistics’ Crime Survey for England and Wales (period ending March 2013), 29% of people think that litter is a big problem in their area with a further 21% citing drunk or rowdy individuals and 19% highlighting graffiti or vandalism. Tackling anti-social behaviour more effectively could reduce costs to organisations and individuals. The most recent HouseMark benchmarking data has suggested that the cost to social landlords of anti-social behaviour has increased to £325m – up from £270m only 12 months previously with reports relating to environmental anti-social behaviour (noise, litter, graffiti, etc.) making up around 60% of the total. Given the level of public concern and the amount of money agencies spend dealing with local anti-social behaviour, there is a clear rationale for developing a set of simple, faster, more effective formal powers to sit alongside the informal powers in place for dealing with anti-social behaviour. These formal powers are vital in tackling the behaviour of the small minority of perpetrators who do not respond to informal approaches to dealing with their anti-social behaviour. The proposal for introducing an early payment discount for fixed penalty notices will affect anyone committing an environmental offence – this will include people from all equalities groups. The introduction of this early payment discount is part of an initiative to revamp the way that we use fixed penalty notices and to use our resources to target environmental nuisance in areas where this is a clear community priority. The council holds detailed equalities data by ward, and from this data we know that areas in which environmental nuisance is a priority are also some of the most ethnically diverse in the city. Therefore, targeting these areas will have effect BME communities and also may affect some faith premises. 2.2 Who is missing? Are there any gaps in the data? We do not hold full equalities data on those subject to the current suite of enforcement orders and notices – including ASBOs and Injunctions. Gaps in the national data do not allow for meaningful analysis for example on the ethnic origin of those subject to an order. The only accurate protected characteristic data we hold locally for ASB relates to age range, gender and tenure of those subject to enforcement orders. We do not hold any equalities data about the recipients of fixed penalty notices. We have more detailed information on the protected characteristics of victims of ASB. 2.3 How have we involved, or will we involve, communities and groups that could be affected? Communities have been involved and consulted throughout implementation of the tools and powers. We have briefed and sought feedback from tenant service user groups, equalities forums and support service providers. In terms of impact on the use of enforcement tools on young people we have consulted and drawn up joint working protocols with the Youth Offending Team. This will ensure appropriate consultation and support planning on a case by case basis and the needs and interests of individual young people will be considered throughout the decision making process. Equally, a joint working protocol has been drawn up with drug and alcohol support service providers, commissioned through the Recovery Orientated Alcohol and Drug Service. Other vulnerable groups that could be adversely affected by antisocial behaviour including those who have experienced hate crime will continue to be supported through Bristol Hate Crime Support services and joint working arrangements exist here also. In terms of tackling environmental nuisance through the new tools and powers, local interest groups including amenity groups and neighbourhood partnerships would be consulted through statutory arrangements where Public Space Protection Orders were sought. A further EqIA would accompany any individual application and would form part of the package considered by Committee prior to any order being made, ensuring local considerations and protected characteristics are taken into account on a case by case basis. The use of the new mandatory ground for possession will be monitored by Bristol Housing Partnership, the City Council’s Housing Management Board and also through the Landlord Liaison Group in regard to use of the new power in the private sector. For environmental nuisance and the use of fixed penalty notices, areas to target will be determined by Neighbourhood Partnership plans, which are currently being consulted on and are based on a combination of neighbourhood data (including quality of life survey, JSNA stats, police data) and community requests and feedback. These plans are being widely consulted on using ward profile data to ensure that all equalities groups have the chance to input into the plans. The method of dealing with environmental nuisance (education, including targeted education for disadvantaged groups, followed by enforcement) will also be widely communicated through the Neighbourhood Charters and before each education and enforcement , local councillors and the wider community will know that their area is being worked on. Step 3: Who might the proposal impact? Analysis of impacts on people with protected characteristics must be rigourous. Please demonstrate your analysis of any impacts in this section, referring to all of the equalities groups as defined in the Equality Act 2010. 3.1 Does the proposal have any potentially adverse impacts on people with protected characteristics? Age All those of the criminal age of responsibility (10+ years of age) may be subject to a criminal behaviour order and civil injunction. Therefore all may be affected by implementation of these tools. Use of the tools will be considered on a case by case basis and following consideration of the merits in any particular case, including the likely impact on any given individual having considered their personal circumstances at a multi-agency case conference. Decisions for the authority to pursue any such orders could only be made by an officer with the appropriate delegated authority. Community Protection Notices may be issued to anybody of the age of 16 or over who is acting in a persistent and unreasonable manner that is having a detrimental effect on the quality of life of others. Inappropriate use of the tool may have an adverse, disproportionate impact on some groups. A further EqIA will therefore be produced to determine the potential impact of any procedures and protocols introduced to use the CPN. It is highly unlikely that a fixed penalty notice would be issued to a person under 16 years of age – other methods of compliance with environmental legislation are usually used. Disability When communicating changes to legislation and upcoming enforcement operations, we will need to ensure that information is available in accessible formats. When using enforcement powers, it is important that any disability (particularly mental health issues) are properly considered and that staff are aware of any discretion on the basis of disability (for example people with guide dogs are exempt from dog fouling legislation and therefore should not be subject to enforcement action). Gender reassignment No potential detrimental impact identified. Marriage/civil partnership No potential detrimental impact identified. In terms of the tenancy enforcement tools, in particular the new mandatory and discretionary grounds for possession, landlords will have access to new powers to bring tenancies to an end where certain criteria are met. This would constitute enforcement of the contract between the tenant and landlord and although no particular group could or should be adversely affected or targeted through implementation of these powers, implications for joint tenants and their households should be considered by the authority in drawing up its procedures for using the new possession powers. Pregnancy/maternity No potential detrimental impact identified. Sex No potential detrimental impact identified. We know that the majority of enforcement orders sought under the existing suite of tools and powers are obtained against adult males. Therefore it is safe to assume under the new regime there will be a continued focus on this group in the use of enforcement orders. As set out above, where enforcement orders are actually sought will be determined on the need to protect victims and witnesses and mitigate any harm caused by ASB rather than the profile of any individual perpetrator. Sexual orientation No potential detrimental impact identified. Race There is a potential impact on BME communities when new legislation is introduced, particularly for first generation immigrants who have come from countries with very different rules and legislation around environmental and asb matters, cultures which have a history of fraught relationships with statutory bodies, and for any people from BME and other communities who do not speak English as a first language and/or come from a culture where written communications are not the norm. Legislation and legislative practice often involves complex legal language by necessity, and some enforcement practice assumes a knowledge of the law of the land. This inherently disadvantages anyone who does not have a basic knowledge of what is acceptable behaviour and what the basic ASB and environmental laws are. Religious belief There is a potential impact on the grounds of religious belief as some places of worship could be subject to this legislation, especially if the use of the premises causes a detrimental local impact, and it will be important for officers to ensure that action is proportionate and that the right engagement takes place between the place of worship and the local community to prevent community cohesion issues. Where tools such as the injunction and criminal behaviour order will be sought and a positive requirement can be applied to the order, arrangements will be made to ensure adequate provision is in place for those displaying any protected characteristic – in particular concerning their age, gender, disability, and sex – for example access to female only drug rehabilitation accommodation on the back of a civil injunction to restrain the misuse of illegal drugs and its associated impact on others. 3.2 Can these impacts be mitigated or justified? If so, how? Any potential impact would be mitigated through good quality information available in multiple formats, a good engagement and education process before enforcement takes place, detailed analysis of neighbourhoods before targeted enforcement takes place to ensure that the correct education takes place first, and the adoption robust procedures and protocols governing the use of the new tools and powers by officers. Arrangements should also be made to ensure those officers receive the appropriate level of training and are competent to ensure no group with any protective characteristic is adversely affected through the use of the tools and powers. 3.3 Does the proposal create any benefits for people with protected characteristics? The tools are designed to enable the authority to take swift, effective and robust action to tackle anti-social behaviour thereby providing more protection to individuals and communities that are affected by it. Therefore the tools and powers will benefit all citizens, including those with protected characteristics, but they have been designed to particularly address the harm caused by antisocial behaviour and we know that vulnerable individuals, many of whom displace protected characteristics are disproportionately represented in this group. Introducing an early payment discount for fixed penalty notices will benefit all people as it offers the opportunity of paying a lesser penalty. The introduction of an easy English information leaflet with easy to follow instructions of how to pay the penalty will be of benefit to all people, including those with protected characteristics, as this information is not currently readily available. 3.4 Can they be maximised? If so, how? We are in the process of implementing wider systems changes in how we identify and respond to the needs of ‘enhanced’ or vulnerable victims of crime and anti-social behaviour. The implementation of the Integrated Victim Care service and increased use of predictive analysis in this area have seem agencies better prepared to target resources where most needed and meet the needs of communities, including those with protected characteristics. Implementation of the full suite of new tools and powers complements this and will ensure that the right action is taken in the right circumstances at the right time. The tools can also be used by a wide range of partners and the authority will ensure appropriate competency frameworks are established and training delivered to partners to ensure the tools will be used wherever possible. Ensuring that enforcement action for environmental offences is targeted in the areas where people are most concerned about their local environment and ensuring that the information used to choose the target areas includes information from equalities communities will ensure that equalities communities benefit from more robust action, as well as ensuring through good engagement and education that equalities communities are not disproportionately impacted by any enforcement action. Step 4: So what? The Equality Impact Assessment must be able to influence the proposal and decision. This section asks how your understanding of impacts on people with protected characteristics has influenced your proposal, and how the findings of your Equality Impact Assessment can be measured going forward. 4.1 How has the equality impact assessment informed or changed the proposal? We have ensured the needs of all groups, including those with protected characteristics have been considered in implementation planning and specific tools, guidance and protocols have been developed for a number of the new tools and powers to ensure they are implemented effectively and used appropriately. For example templates to ensure appropriate consultation with the Youth Offending Team or support service providers have been worked up. Consultation procedures for Public Space Protection Orders will consider the needs of groups with protected characteristics. 4.2 What actions have been identified going forward? Actions, including those referenced above, are incorporated the implementation action plan. 4.3 How will the impact of your proposal and actions be measured moving forward? Impact will be measured through review of the implementation plan by the implementation steering group that will continue to meet following commencement of the new tools and powers. The steering group reports to Safer Bristol board and is representative of a wide range of partners and stakeholders. Impact will be captured in the score card presented to Safer Bristol ASB delivery group thereby ensuring appropriate governance and scrutiny. In addition, use of the Community Trigger will be reported to and by the Police and Crime Commissioner on an annual basis, also ensuring public accountability. Service Director Sign-Off: Equalities Officer Sign Off: Date: Date: