New ASB Legislation...continued.

The Anti-Social Behaviour Crime and Policing Bill is currently being debated within the House of Lords and will soon become law. The Bill contains provisions for changing the legal framework for dealing with anti-social behaviour. New legal orders will be introduced which will replace ASBOs and housing injunctions. New injunctions known as Injunctions to Prevent Nuisance and Annoyance (IPNA), will come into force and will be the main tool, apart from possession, which remain in place, for social landlords to use. Whilst there are similarities between the current s153 housing injunctions and the new IPNAs, there are also some key differences as well.

A debate has begun around one of the differences that may arise, depending on whether an amendment is accepted. Currently, those applying for housing injunctions against ASB perpetrators only require evidence on 'the balance of probabilities' that the action has taken place. This is a normal requirement for civil law remedies and has been defined as: "The balance of probability standard means that a court is satisfied an event occurred if the court considers that, on the evidence, the occurrence of the event was more likely than not." In re H (Minors) [1996] AC 563 at 586

One of the amendments to be considered by the House of Lords relates to whether, under the new  legislation, it will be necessary for claimants to prove 'beyond reasonable doubt' that the perpetrator's behaviour was anti-social. This is the evidence standard that is normally required in criminal cases.

There is clearly a need to keep a sharp eye out for this one, as if the burden of proof does change to the criminal 'beyond reasonable doubt' standard, it will certainly make it much more difficult for social landlords to obtain injunctions against those who carry out anti-social behaviour in their areas. When injunctions were first introduced, it provided a valuable alternative tool for dealing with ASB which did not involve possession. If it becomes more difficult to prove ASB in a court, then possession will return as the main remedy for addressing the problem of ASB. Does anyone really want that to happen?

Supporting Scrutiny

With tenant-led scrutiny now becoming more established, and some very positive outcomes being reported, one question that I have regularly heard posed is how tenants should be supported in carrying out scrutiny reviews. Support can come from various sources, but is usually provided by officers and/or by an independent advisor. For scrutiny panels to be able to operate without support they need to have skills, experience, resources and confidence to succeed. Providers who set up a scrutiny regime without ensuring that these are in place could be accused of setting tenants up to fail. Whilst there may be some (hopefully very few) providers who would willfully set out to do this, despite having a negative view of scrutiny, I would hope that the majority of social housing organisations would make some positive attempt at making sure scrutiny is a success.

So, can support be provided by a landlord without jeopardising the independence of the scrutiny panel? Clearly, it is a matter of determining how that support will be provided and ensuring that the input is genuine support and not taking over the leadership and responsibility from the panel. Perhaps this is where independent support can be useful. Independent tenant support emerged as a vital aspect of the stock transfer process, providing advice and guidance to tenant groups and information to the wider tenant body, on the often confusing and tortuous route through officialdom and bureaucracy. So, does tenant-led scrutiny also require this input from independent advisors? Well the answer has to come from tenants themselves. Each scrutiny review is different, and it should be up to tenants who are involved in the process to determine whether or not they should have support which is outside the organisation. Clearly, there should be a constructive partnership which emerges, with tenants, officers, and if required, independent supporters, working together towards shared aims around improving services.

What should the support be aimed at? Again, this should depend upon the skills and experience of the tenants involved. It might be support to enable panels to select certain services for review, or assisting in developing a project plan for a review. Support may be needed for locating the source of evidence, or in the drafting or writing a report. The key aim in all the support that is provided should be to build the skills and experience of the tenants who are involved in scrutiny. Those providing support, from without or outside the organisation, should aim to reduce their input as those skills and experiences develop.

Whatever the source and the type of support that is provided, everyone involved should make sure that the overall outputs and outcomes from the review are tenant-led, and are seen to be tenant-led. This can be a challenge in itself, but certainly not beyond the wit and means of all those involved in scrutiny.

New Anti-Social Behaviour Legislation

The Anti-social Behaviour, Crime and Policing Bill is currently making its way through the Parliamentary process. When the Bill is passed and becomes law, there will be far-reaching changes to the ways that social landlords and other agencies, deal with incidents of anti-social behaviour. The promise by the Coalition to abolish ASBOs will be kept, and many other orders and legal remedies will also be removed, and replaced by new orders. These changes are designed to reduce the numbers of legal orders that are available to tackle ASB and to streamline the remedies that can be used. Also, with a nod to localism, the Government intend to introduce a 'community trigger' which will place duties on enforcement agencies to deal with incidents of ASB.

In short, the Bill proposes the introduction of the following:

• A new Criminal Behaviour Order
• Injunctions to Prevent Nuisance and Annoyance
• New Dispersal Powers
• Comunity Protection Notices
• Public Space Protection Orders
• Closure of Premises Orders
• New Grounds for Possession of Secure and Assured Tenancies for ASB

As the Bill progresses through Parliament, we will be highlighting any important discussions and amendments to the Bill.

It is important for social landlords to be fully aware of the implications of the new legislation and for front-line housing officers and ASB teams to prepare for these changes.

Once the legislation has been passed, Learning4Housing will be providing open access and in-house training workshops which will highlight the changes and the new approaches that will be needed to meet the legal requirements.

Training will also be provided for tenants and board members, as they will also have important roles to play in making the most of the new legal framework.

For more information, please contact David on 07986 246406 or at david@learning4housing.co.uk 

Developing Skills for Housing Officers

As a trainer, I am often asked to deliver courses for front-line staff who deal with tenants and other customers on a daily basis. Whether these are called housing officers, neighbourhood officers, or tenancy officers, or something else is immaterial. They all do a very difficult job in an increasingly difficult environment. Social housing is changing and all front-line staff need to be equipped with the skills necessary to enable them to do their job. These are sometimes call inter-personal skills or 'soft skills'. This does not mean that they are not important. Housing officers often need to deal with tenants who are distressed, angry, upset, confused, and aggressive. These situations require an ability to maintain a calm and confident manner, which does not lead to escalation of problems. I know from experience that this can easier said than done, but taking positive steps to develop these skills is clearly a step in the right direction.

In the not too distant past, being a housing officer was a relatively simple task of making sure the rent arrears was controlled, vacant properties were turned around quickly, and estates were well maintained. I recall from my days as a housing officer that although the job did have its difficulties, in the main these were simpler times. Today, the environment is very different. Welfare reform is certainly having an effect on the roles and responsibilities of the majority of housing officers. Often pushed into a role which is more enforcement based, housing officers have to use a wide range of skills in order to achieve results that are required by their organisations and also by their tenants.

Learning4Housing is responding to this changing environment by offering a new suite of training courses aimed at front-line housing staff - and this will include those who deal with the public by telephone as well as face-to-face. This training is designed to address those skills which have been identified as being particularly important in today's housing world. Skills around effective communication, especially active listening and questioning skills, as well as developing interviewing skills, negotiation skills, and the area around dealing with 'difficult situations' using assertiveness and effective non-verbal communication.


Courses are available for you to choose in a flexible way. Only you know the priorities for your organisations and for your staff. Learning4Housing is able to fit with your requirements and your needs. This might be arranging full day training sessions on one or two of the above subject areas, or providing refresher courses which cover three or four of the topics over one day. The choice is yours. Learning4Housing's unique 'pick and mix' approach is a tried and tested way of delivering training. With training budgets under pressure, you are able to select appropriate training to match your resources. We are happy to talk to you about your specific needs and to design a programme which meets your needs.

All my training is designed with the learner in mind. Practical exercises and group discussions, along with case studies and actual examples are used to give variety and interest to the training. Visual aids, including video, are used where appropriate, together with that all-important injection of fun into the proceedings!

If you find any of the above interesting and would like to find out more, please call David on 07986 246406 or email at david@learning4housing.co.uk to discuss how we can help your housing officers to help your tenants! 

Remember, a skilled housing officer is an effective housing officer!