Lord Russell of Liverpool:

Moved by Lord Russell of Liverpool

27: Clause 6, page 12, line 18, at end insert—“(1A) In section 104 (review of response to complaints about anti-social behaviour), after subsection (1) insert—“(1A) Where a person has made at least three qualifying complaints about the anti-social behaviour and irrespective of whether the person applies for an ASB case review, the police must undertake an impact assessment which determines whether—(a) the alleged behaviour exceeds the threshold of criminality, irrespective of whether the police intend to pursue criminal charges, and(b) the level of harm inflicted on the person is low, medium, or high.(1B) Following an impact assessment under subsection (1A), where the threshold for criminality has been met or exceeded and the level of harm is assessed as medium or high, the police must refer the person to local victim support services, pursuant to the Victim Code of Practice.””Member's explanatory statementThis Amendment requires police officers to undertake an anti-social behaviour impact assessment when a victim meets the trigger point for an Anti-Social Behaviour Case Review, so that those who are assessed as having experienced medium to high levels of harm can receive appropriate support.

My Lords, I thank my noble friend Lord Hampton for putting his name to these five amendments, which seek to ensure that victims of persistent anti-social behaviour are swiftly identified, protected from further harm and, above all, given the opportunity to have their voices heard. These amendments have the full support of the Victims’ Commissioner for England and Wales.

Although the Bill forms part of the Government’s very welcome determination to crack down on anti-social behaviour, it fails to address some of the underlying issues victims currently face and risks maintaining the status quo, leaving many victims without meaningful recourse and allowing harm to persist. So the status quo, in effect, does not bring about the degree of change called for by the Victims’ Commissioner herself and by HMICFRS in its October 2024 report, just 12 months ago, called The Policing Response to Antisocial Behaviour.

The policing, local authority and housing authority response to how to tackle anti-social behaviour is painfully reminiscent of the repeated attempts to tackle stalking. All around England and Wales there are examples of good practice or best practice in tackling anti-social behaviour, most of them existing in relative isolation, in geographic or organisational silos, which have never been brought into a proper, focused and prioritised national structure with very clear dos and don’ts.

I am most grateful for the time that Jo Grimshaw of Surrey Police, its head of anti-social behaviour, partnerships, youth engagement and tactical lead for serious violence, has spent with me explaining the holistic way in which she and her team tackle anti-social behaviour countywide and across multiple agencies, steered by deep specialists, all of whom, very importantly, are non-serving police officers; many of them are ex-police officers. The advantage of not being a serving police officer is that you can stay in role for years at a time. You will not be moved around, so you can develop profound and very deep expertise and knowledge. I know that Andy Prophet, the chief constable of Hertfordshire and the NPCC lead on anti-social behaviour, who the Minister may well know, is extremely keen, like other leaders, to work across all 43 police forces to identify and syndicate best practice. I think the Government would find that those people would be very supportive of the intent behind these amendments.

The noble Baroness, Lady Newlove, herself brought some of the challenges into painfully sharp focus in her September 2024 report entitled, Still Living a Nightmare: Understanding the Experiences of Victims of Anti-social Behaviour. I do not need to remind your Lordships’ House that if there is one person who knows at a profound level what anti-social behaviour can do, it is the noble Baroness, Lady Newlove, herself. Amendment 27 stems from the battle that many victims of anti-social behaviour face when they try to escalate their complaints. The first of these is the challenge of even being recognised as a victim of persistent anti-social behaviour, defined as experiencing three incidents within six months—the threshold for triggering the anti-social behaviour case review. But as each incident is often viewed in isolation by multiple different agencies, victims are frequently dismissed, ignored and, ultimately, failed. They are left to endure the dripping tap of repeated harm, routinely minimised as neighbourhood disputes, and this is despite some cases involving threats, criminal damage, arson, and even assault.

The ASB case review was designed to act as a vital safety net for those victims of persistent anti-social behaviour, and by prompting multiple agencies to consider the case, it was designed to offer a pathway to resolution—a source of hope in breaking this continuous cycle of harm. This is why I want to see Amendment 27 place a statutory requirement on police to undertake an assessment of harm on the third call-out within a six-month period. This would help identify victims earlier in the cycle and build a clearer picture, sooner, of the cumulative impact it is having on the victims.

Moving on to Amendments 28 and 31, we have the opportunity in the Bill to give ASB case reviews real clout when agencies repeatedly let victims down. The ASB case review must serve its intended function in offering a route to redress for victims and not simply yet another way for agencies to mark their own homework and ignore the issues that victims face. Amendments 28 and 31 would place the ASB case review threshold in statute. If implemented, this would provide absolute clarity for agencies and victims, eliminating local caveats, removing extra hurdles for victims and preventing the inconsistent application currently enabled by legislative discretion.

Amendment 30 would introduce further oversight of the reasons why victims’ requests for a review are rejected, addressing local variation and ensuring that victims no longer face a postcode lottery when attempting to access it. However, it is vital that the review process restores victims’ confidence. Amendment 29 would ensure that every ASB case review has an independent chair and that victims are given a voice at the table, guaranteeing transparency and fairness.

The deaths of Dr Suzanne Dow, Fiona Pilkington, Bijan Ebrahimi, Matthew Boorman, Stephen and Jennifer Chapple, David Askew and Louise Lotz can all be directly linked to sustained campaigns of anti-social behaviour. Whether through suicide, homicide or, in David Askew’s case, as the south Manchester coroner said in 2011, unlawful death after years of torment, these lives were lost due to a lack of action.

I invite the Minister to please consider these amendments in the spirit in which they were tabled. I hope to be able to work with him and his colleagues between now and Report to see whether we can insert some additional elements into the Bill that will give victims real hope—and give hope to the exponents of best practice in tackling ASB, who are keen to share their expertise and insights. I beg to move.

My Lords, I have added my name to Amendments 27 to 31. I declare my interest as a secondary school teacher.

These amendments from the Victims’ Commissioner have been ably introduced by my noble friend Lord Russell of Liverpool, so the Committee does not need to hear much from me. We are told that data is the new gold. In teaching, with safeguarding we are told to report every slight suspicion because it can form part of a jigsaw that can show that abuse is happening. The Victims’ Commissioner calls it missed patterns and missed victims. These sensible amendments would give victims of anti-social behaviour a route to support and a strong voice in anti-social behaviour case reviews. As the Victims’ Commissioner’s office says, this would deliver real change for victims. Victims of persistent ASB must be swiftly identified, consistently supported and given access to resolution processes that deliver effective outcomes. These amendments would do just that.

My Lords, I support the amendments in this group, so ably introduced by the noble Lord, Lord Russell.

Amendment 27 asks for a statute of requirement for police officers to undertake an anti-social behaviour impact assessment when a victim reports three incidents of anti-social behaviour in a six-month period. This would enable agencies to understand the level of harm that is being caused, so that victims are given access to the appropriate support.

Victims have cited several barriers to utilising the anti-social behaviour case review. A key barrier was a lack of knowledge and awareness about the case review among staff at key agencies with a responsibility to resolve anti-social behaviour. For many victims, this lack of knowledge prevented them being signposted promptly, if at all, to the case review mechanism. This posed additional barriers to them being able to successfully activate the case review process and get the anti-social behaviour resolved. This ultimately prolonged victims’ suffering—and none of us wants that. I ask the Minister to seriously consider this.

Amendments 28 and 31 ask for a statutory threshold for triggering an anti-social behaviour case review that removes any discretion for authorities to insert additional caveats which serve as a barrier to victims getting their cases reviewed. To ensure consistent access to anti-social behaviour case reviews, we are recommending the Home Office consults on the need to legislate to standardise the threshold for anti-social behaviour case reviews by placing it in statute as opposed to just guidance. This would prevent local authorities unilaterally adding caveats which make it more difficult for the victim to make a successful application. This consultation, we recommend, should look at mandating access to case review applications via a range of options, including but not limited to paper, online and telephone applications.

Amendment 29, which has already been outlined, would give victims a voice and enable them to explain the impact that the behaviour is having on them and their families, which is critical. To strengthen victim participation and ensure their voices are central to the process, we recommend the Home Office consults on the need to introduce legislation which guarantees victims the right to choose their level of participation in a way that best suits their needs. It might include attending a case review meeting in person, participating virtually or submitting a written impact statement detailing the anti-social behaviour effects, or being represented at the case review by a chosen individual to ensure their perspective is effectively communicated. We want them to have the right to choose the method in which this happens. There should be a statutory requirement that anti-social behaviour case reviews are chaired by an independent person—this is not an unreasonable request. Very often, when there is somebody independent who can see things that other people have not seen and bring it to people’s attention, fairness and confidence in a system is absolutely strengthened.

Amendment 30 seeks that local bodies should be compelled to publish data on the reasons an anti-social behaviour case review was denied to enable better overall scrutiny and an understanding of how effective and consistent the process is across England and Wales. As the noble Lord, Lord Russell, stated, data is king, and we do not think this is an unreasonable request at all.

I hope the Minister will give serious consideration to these amendments and, if they cannot be accepted, he will explain in detail why.

My Lords, these are powerful amendments and it is hard to see how they can be argued against. We have all heard of cases where victims have had a very tough time demonstrating the persecution that they have experienced, and they often get challenged in court, unreasonably, I think. These amendments are excellent and we should encourage the noble Lord to push them to a vote later.

My Lords, this group, so well introduced by the noble Lord, Lord Russell of Liverpool, and spoken to by the noble Lord, Lord Hampton, and the noble Baronesses, Lady Stedman-Scott and Lady Jones, focuses on putting the victim first, a principle that we wholeheartedly support.

Clause 6 aims to strengthen the anti-social behaviour case review, and we support the package of amendments to the clause tabled by the noble Lords, Lord Russell and Lord Hampton. We support the objective of establishing a statutory threshold for convening a review that explicitly considers the victim’s vulnerability. This is crucial, as it would remove the discretion for authorities to apply additional caveats and ensure that the severity of the impact on the individual is prioritised over mere persistence of the behaviour.

We back the proposal in Amendment 29 to ensure that the review is chaired by an independent person who has not previously been involved in the case. Independence is essential to restore trust and ensure objectivity when agencies review their own failures. We also strongly agree with the demand in Amendment 30 that authorities must publish the reasons for determining that the threshold for a review has not been met. This is a simple but powerful measure to increase accountability and transparency in the decision-making process. Amendment 27, which would require police officers to undertake an ASB impact assessment when the threshold is met, is a common-sense measure to ensure that victims experiencing high levels of harm receive appropriate support.

These amendments demonstrate how we can collectively strengthen the system to deliver genuine justice for victims of persistent anti-social behaviour, ensuring that their trauma and vulnerability are fully recognised. I very much hope that the Government will take them on board.

My Lords, I thank the noble Lords, Lord Russell of Liverpool and Lord Hampton, for tabling these amendments and all noble Lords who have contributed to this debate. Ensuring that anti-social behaviour complaints are adequately handled and delivering a just outcome for the complainants and communities affected without being overly burdensome on the relevant authorities are important principles. These amendments are largely in line with that goal.

This group is particularly important, as anti-social behaviour seems to be on the rise in our streets. As such, it is important that we have the right framework not only for dealing with complaints but for self-correcting any potential mistakes made. With an increased volume, local authorities simply do not have the time to be weighed down by bureaucratic procedures.

For that reason, Amendment 27 raises eyebrows. It is important that we provide the necessary support for those who are harmed by criminal behaviour, but it is also true that this Clause would require policing bodies to review responses to complaints about anti-social behaviour, in certain instances. It would place an additional level of administration on to these authorities. As it stands, the amendment seems to cast the net too widely on when impact assessments might be necessary; it would therefore add yet more workload to already strained forces. I look forward to hearing the Minister’s opinion on this matter.

Amendments 28 and 31, however, appear to work to the opposite end. It is right that, when we mandate administrative work from our public servants, we should give them clear guidance on where it is necessary. A discretionary threshold has the potential to encourage local authorities to err on the side of caution and thus review cases that do not merit the time required. Adding a statutory threshold for an ASB case review would both streamline the process and create a more regular system across authorities. This is never a bad thing, and I hope the Minister will consider taking it on board.

I am cautious of Amendment 30 for reasons similar to those that I have already discussed. In principle, the amendment is sound, but adding more bureaucracy to the process by publishing the reasons for not reviewing a case has the potential to take time and attention away from cases that do meet the threshold. Additionally, a statutory threshold would be available for all to see and would set out the criteria needed to meet it. This would surely forgo the need to release the reasons why thresholds were not met.

This is a largely sensible set of amendments that have the interests of both complainants and the respective authorities at heart. I hope that the Minister agrees with what I have just said and look forward to what he says in response.

I thank the noble Lord, Lord Russell of Liverpool, for his amendments. I also thank the Victims’ Commissioner, the noble Baroness, Lady Newlove, both on the amendments and for her work on this issue over many years. I am also grateful for the support of the noble Baronesses, Lady Stedman-Scott and Lady Jones of Moulsecoomb, for the comments on this area from the noble Lords, Lord Hampton and Lord Clement-Jones, and to the noble Lord, Lord Davies, from His Majesty’s Opposition.

Amendment 27 aims to ensure that all victims of repeat anti-social behaviour are subject to an impact assessment, even where the individual has not requested a case review to be undertaken. The Government believe that there is a more effective response to this issue, in that we can ensure that victims are aware of their rights to request a case review. That has been included in updated statutory guidance for front-line staff, which we published in September. The proposals in the amendment would significantly increase the resources required to review anti-social behaviour incidents. The wording of the amendment would mean that even in cases where the victim is satisfied with the response, the police would be required to conduct an impact assessment.

The noble Lord, Lord Russell, has approached this by saying he wishes to work with the Government to look at this. I am happy to have further dialogue with him and the responsible policy Minister in the Home Office post Committee. We can return to it then and examine the nuances. I hope that my initial comments give him a flavour of where the Government currently are.

Amendments 28, 29 and 31 look at the anti-social behaviour case review process and mandate the requirement for there to be an independent chair, for victims to be invited to attend their case review, and to reduce the ability for authorities to add additional caveats that reduce the victim’s abilities to request a case review. I am pleased to say—I hope that the noble Lord, Lord Russell of Liverpool, will accept this and the way that I put it to him—that we have recently updated the statutory guidance to front-line professionals, which already reflects the proposals he has put to the Committee today. I believe that this will create the impact that his amendments intend to bring while still allowing for greater flexibility for circumstances to be treated on an individual basis. Again, if the noble Lord would like further information on the statutory guidance, I am happy to provide that to him and to the noble Baroness, Lady Newlove, but we think that it meets the objectives of Amendments 28, 29 and 31.

Amendment 30 seeks to require relevant bodies involved in case reviews to publish details on why they have determined that the statutory threshold for a case review was not met. Under existing legislation, it is already a requirement for the relevant bodies to publish the number of times they decided that the review threshold was not met. I highlight to the noble Lord that, through Clause 7, the Government are introducing further requirements for local agencies to report information about anti-social behaviour to the Government. That is for the purpose of us understanding how local agencies are using the powers and tools provided by the 2014 Act, including the question of case review.

If the noble Lord looks at Clause 6 in particular—it is buried in the depths of the undergrowth of Clause 6 but I assure him that it is there—he will see that there will be a new duty for police and crime commissioners to set up a route for victims to request a further review where dissatisfied with the outcome of their case review. This includes where the relevant bodies determined that the threshold was not met for the initial case review. I will give further explanation of Clause 6 when we reach it, but I hope that it meets the objectives that the noble Lord has set out in Amendment 30.

The recently updated guidance on case reviews address many of the same points as these amendments and I hope that it will have the opportunity to bed in. I am happy to send the noble Lord a copy of the guidance, if I am able to, and I assure him that we will monitor the effectiveness of that guidance in improving good practice. He has my commitment that, if necessary, we will revisit the issues again in the near future. Until then, I submit that it would be premature to legislate further on case reviews beyond the measures in the Bill. I hope that with those assurances, the invitation to further discussion and the offer of further information, the noble Lord would be content to withdraw his amendment.

My Lords, I am grateful to the Minister for the tenor and content of what he just said. The devil is quite often in the detail, so I, with others, would be happy to sit down with him and try to make sure that we all understand it in the same way and are talking the same language.

I have concerns about guidance that is, in theory, flags up to people in a slightly different and slightly more lurid way what their rights are. In evidence, I would state the experience of the victims’ code, which has been around for a very long time. On numerous occasions, when officers of various agencies who are, in theory, responsible for knowing the contents of the victims’ code are quizzed on it, they no absolutely nothing or very little or get very confused about it. Having guidance does not in itself solve any issue if people do not understand the guidance, are not trained in it and do not have sufficient experience of how to apply that knowledge in a sensible way.

However, I hear what the Minister is saying and I think we are moving in the right direction. I feel strongly that trying to look at, and perhaps reverse-engineer, some of the examples of best practice that are around would be informative and helpful, since we have a habit of reinventing the wheel in our 43 different police forces. Then of course there are all the local authorities and housing associations as well, so there is quite a muddle of people and agencies looking at this and the evidence suggests that we need to pull that together much more coherently and effectively than we are doing at the moment. But I take and accept the Minister’s kind invitation to discuss this issue further, and on that basis I beg leave to withdraw the Amendment.

Amendment 27 withdrawn.

Amendments 28 to 31 not moved.

Clause 6 agreed.

Schedule 3: LPB case reviews: supplementary provision