Forum Topic

Anti-Social Behaviour - you think that you have problems!

Sarah (and to the other sufferers of inconsiderate neighbours) You may think that you have problems sitting out in your garden on a sunny Sunday afternoon when you are subjected to noise from weekend builders. Beat this then, if you can. Since Midnight on Friday 6th May 2005 until just before 2.00am on Saturday 7th May 2005, we have had what appears to be a stabbing incident at one address and an imbecile carrying out DIY at another address at Haweswater House, Summerwood Road – aka Ivybridge. Aside from the ear piercing screaming resulting from what appears to the effects of the stabbing incident and the congealed blood which is smeared inside the lift, on carpet tiles, walls and on the 5th floor, we have also had the delights of late night and early morning DIY noise. None of which are conducive to a good nights sleep or to good neighbourliness. I have reported the incidents to Hounslow Homes, Hounslow Council and a councillor so perhaps after several previous complaints relating to both addresses the London Borough of Hounslow and its ALMO organisation, Hounslow Homes, will take action. Here’s to a sincere hope that something will finally be done by the masters at the London Borough of Hounslow and Hounslow Homes to stop further incidents. Failing this, I shall have to call upon the assistance of our recently elected MP, Mrs Ann Keen to ask if the anti-social behaviour legislation introduced by her government can be used to protect those of us who do not run around stabbing each other and those of us who are not into midnight DIY. If I do have to involve Ann Keen it struck me that on past experiences that by the time that she responds, events might take a turn for the worse and instead of looking back at a series of stabbings, we could potentially be reading news of a murder.

Gareth Evans ● 7294d11 Comments

Ruth, almost spot on. Tony Blair built upon the work of Neil Kinnock and John Smith in repositioning the ‘New’ Labour Party, certainly on crime and on social issues. One of the lasting legacies of Labour under Tony Blair will be the anti-social behaviour legislation introduced since 1997, although personally I can’t abide Blair as a leader. As Shadow Home Secretary and a Barrister by profession, it was only to be expected that Tony Blair would bring about change given that as Shadow Home Secretary, Tony Blair made famous his pledge that Labour would be “tough on crime, tough on the causes of crime”, a phrase hijacked by many since. The gaping hole in the current anti-social behaviour legislation, which needs to be addressed, is that which can effectively be used against freeholders and leaseholders who often seem to get away with anti-social behaviour, which simply wouldn’t be tolerated, from tenants. Generally from what I have experienced of Neighbourhood Wardens, in many areas of London, I am not convinced as to their merits. They are not the universal panacea to the problems associated with anti-social behaviour and often lack the ‘real’ powers needed to address the problems they are expected to deal with, often due in large part to residents’ expectations being set far too high – by local authorities and housing providers. A neighbourhood warden in a van who has been called out to deal with a group of say 10 rowdy individuals on an estate, is not going to be able to effectively tackle the problem unassisted. Granted that they can and do play a useful role, but against a cost to benefit analysis, I doubt that many local authorities would provide Neighbourhood Wardens without the benefit of hefty government subsidies. How often have we seen government subsidies used to provide services such as concierges and Neighbourhood Wardens, only for the services to be withdrawn at the end of the subsidy period? Dare I say that as is probable in the Haverfield Estate case, the most effective way to tackle anti-social behaviour is by involving the community, empowering them to bring about change with the support of their housing provider, the police and other agencies. I’ve sat through two consultations this week, seen glossy presentations and been talked through plans put forward by social landlords and their architects. When they are asked about the density of their proposed schemes and the sustainability of the area as a whole, blank faces suddenly replace the smiling, gleaming faces of the proposers of such schemes. Its all well and good for the local authority to have allocation rights as a pay off but what we need to do is to ensure that the homes we build, meets or exceeds the expectations of the prospective occupiers and their neighbours. By way of example, planning to build six 4 bedroom units, three 3 bedroom units and 1 one bedroom wheelchair unit on a piece of land currently used to house six prefabricated garages, with no parking provision being outlined in the plans and with no play facilities planned for the children likely to live in these units is asking for trouble. That trouble is likely to mean storing up anti-social behaviour for the future because residents are being packed into an area, which in my opinion is far too small to adequately accommodate them.  You’d think that in this day and age society would be able to recognise that the higher the density, the greater the potential problems. Then again, maybe we haven’t learnt from our past mistakes.  Finally, on youth provision, I agree 100% with you. We need to spend more on our youth if we are to give our youth a stake in society.

Gareth Evans ● 7287d

Keith First and foremost, we have to recognise that a crime is a crime, irrespective of wherever it occurs. In the case of a stabbing incident, this would be deemed to be a criminal offence in law, with possible attachments. In this case, dealt with by the Metropolitan Police as the police authority, the Crown Prosecution Service and the court system. In the case of a statutory noise nuisance, the local authority (London Borough of Hounslow) has a duty as defined by the Environmental Protection Act 1990, amended by the Noise and Statutory Nuisance Act 1993 to deal with statutory noise nuisance. If officers of the local authority deem that a statutory noise nuisance has taken place, or is likely to occur again, officers can serve an abatement notice. From that point onwards, if the conditions of the abatement notice are ignored and the noise nuisance continues, a criminal offence is deemed to have been committed which in turn would be dealt with through the court system. With effect from 31st March 2004, Section 86 of the Anti-Social Behaviour Act 2003 enables the Crown Prosecution Service to initiate applications for anti-social behaviour orders upon conviction. Courts also have the power to impose anti-social behaviour orders with or without the initiation of the Crown Prosecution Service. Section 86 of the Anti-Social Behaviour Act 2003 words it as follows: a)  if the prosecutor asks it to do so, or b) if the court thinks it is appropriate to do so."So you will see that potentially an anti-social behaviour order could be imposed upon any individuals convicted through a criminal court. Irrespective of whether or not an anti-social behaviour order is imposed upon an individual through a criminal court, such action would not preclude Hounslow Homes from serving an anti-social behaviour order upon their tenant of leaseholder even if the tenant of leaseholder may not have been prosecuted through the criminal court. In the case of the stabbing incident, the tenant or leaseholder of Hounslow Homes may or may not have been directly responsible for the act, but the fact that a visitor to their premises may have been responsible for the act means that Hounslow Homes could serve an anti-social behaviour order upon a tenant or leaseholder to stop further anti-social behaviour taking place at their household. Equally, Hounslow Homes or their tenant or leaseholder could apply to the court and obtain an injunction against the perpetrator of the criminal act, banning the perpetrator from the premises. Such action is common, certainly in cases of domestic violence. Given that I have made repeated reports of anti-social behaviour in relation to both addresses, Hounslow Homes should now either apply for anti-social behaviour orders in their own name or support the CPS and/or courts in doing so. If the anti-social behaviour continues, Hounslow Homes should then serve a notice of seeking possession against the respective tenants or leaseholders. In the past my neighbours and I have suffered through flooding to our flats from the same premises that the weekend noise nuisance occurred from. I have also reported numerous instances of domestic violence and assault in relation to the stabbing incident premises. As for the human rights angle, with rights come responsibilities and if we want to live in a society where we expect certain rights we should also accept that there are certain responsibilities. Personally, I have an almost zero tolerance towards anti-social behaviour. There is nothing to stop the publication of information on anti-social behaviour orders. You may wish to take a look at this website which I think is a trailblazer in that arena:    http://www.oncom.org.uk/asbo/asboindex.htm

Gareth Evans ● 7292d