Green & Burton ASB Associates

We are getting in early to wish you all a… Happy New Year! As we step into 2025, we’re looking forward to the opportunities ahead and continuing to collaborate and support your organisations with our training and consultancy services. The start of a new year is a time to reflect on what’s been accomplished and to look ahead at what’s possible. We’re excited to build on the foundations already in place from year one of the new partnership, and work together to tackle new challenges and opportunities in what will be a busy year in the world of ASB. Here’s to a positive and productive year for all of us. Wishing you a fantastic start to 2025! #asb #communitysafety

🎄 A massive Happy Christmas to everyone who celebrates from all the team at Green & Burton 🎄 (We also know it's not an easy time for many - we're thinking of you ❤️)

👑 Our final instalment of our ASB Advent is a fantastic festive reminder from partner Darren Burton on the power of bringing your gifts to your role… 👑 “The Three Kings brought gifts....Bring your own wisdom from outside the day job when reviewing ASB cases! Don't be put off if you haven't previously dealt with a case of a certain nature - maybe you already have in a different way! We have all experienced so many different challenges and successes throughout our lives no matter who we are or where we are from. Take some time to reflect upon situations that you've had to deal with over the years whether you were directly involved, on the fringes or a third party then have a think about how you can apply this learning to complement your technical knowledge of legislative processes. This is particularly relevant when resolving disputes, developing action plans, communicating difficult messages and bringing people together. You'll be surprised at just how much of this you've already done without even realising!” What a perfect way to say… that’s a wrap for our ASB Advent series! We want to say a huge thank you to all the associates, industry leaders, and experts who’ve shared their brilliant tips, practical insights, and expertise with us. Your contributions have been so inspiring, and we hope they’ve been just as helpful to everyone following along. As Christmas approaches, it’s a great time to reflect on the positive impact you’ve had in your role and the communities you serve this year. We hope you get a chance to relax, recharge, and enjoy the festive season - because you’ve certainly earned it! Wishing you a wonderful Christmas and a bright start to the New Year! Thank you to: Janine Green Darren Burton Ben Hunt Kim Logan Sarah Bradley Kuljit Bhogal KC Rochelle Largan Jack Madge Sharon Murphy Emma Standing Lindsay Felstead @andrew moore Charlie Hamilton Kay Jo Leckie 🌟 (Assoc CIPD, Cert CIH) Jo Grimshaw Cornerstone Barristers MSB Consilium Training and Support ADR Mediation & Training C.I.C Jess Thomas

🎄 The penultimate instalment of our ASB Advent series! Todays practical tip comes from Sarah Bradley from Consilium Training and Support on information sharing regarding waste crime 🎄 “Waste Crime: If your tenants or land are affected by waste crime, it's important to work with relevant partners to share any information you have. Even the smallest detail could be the final piece needed to support an investigation. While information-sharing agreements can formalise the process, the Data Protection Act 2018 includes exemptions that allow sharing information for the purpose of preventing or detecting crime.” Sarah Bradley is highly regarded for her expertise in tackling waste crime, drawing on over 15 years of experience in criminal investigations within the police and local authorities. Through her work at Consilium Training, she has been nationally recognised for her contributions to addressing environmental offences and supporting enforcement teams.

❄️ Day 22 for ASB Advent and the third fantastic tip from Kuljit Bhogal KC on the importance of understanding equality legislation when managing cases: ❄️ “Make sure you and your team are familiar with your obligations under the Equality Act 2010 and the Human Rights Act 1998. Document your consideration of these issues (as I like to say, show your working out), and keep these issues under review. Equip yourself with information about a person’s protected characteristic(s) as soon as you can; remember both a perpetrator and a victim’s needs should be taken into account. Ensure your staff are kept up to date on how these issues should feed into your decision making.” Kuljit has extensive experience in tackling complex and sensitive cases involving equality legislation. As a leading barrister and KC at Cornerstone Barristers, she has worked on numerous high-profile matters, including those requiring nuanced application of the Equality Act 2010. With her expertise in public law, housing, and anti-social behaviour, she is widely respected for her ability to balance legal obligations with practical decision-making, making her insights invaluable to practitioners.

❄️ ASB Advent instalment number 21 from partner Janine Green provides practical insight into applying for an Injunction or Criminal Behaviour Order… ❄️ Applying for an Injunction or Criminal Behaviour Order?  This will involve preparing a draft order, setting out the conditions that you are seeking. These can be prohibitions ("you must not") and/or positive requirements ("you must"). The ASB, Crime and Policing Act 2014 sets out our obligations: - Each condition must be necessary to prevent the Respondent from engaging in ASB - Interference with school/education should be avoided  - Conditions shouldn't conflict with anything contained in another legal order  - Each positive requirement must specify a person responsible for supervising compliance  - This person must provide the Court evidence of suitability and enforceability. So, what can we do to make sure we fulfil these obligations? 1) Make sure to consult with partners before deciding on action. Information they hold can help us to see what conditions are needed to prevent further ASB, make us aware of any other legal orders so we can avoid conflicting conditions etc. 2) Take our draft conditions and cross reference them to our draft witness statements - have we made clear why each condition is needed? E.g. if asking for a condition relating to alcohol use, have we shown in the evidence that this is a driver for the Respondent's ASB?  3) Consider the practicalities and potential impact of each condition - will a proposed exclusion area prevent the Respondent from getting to a place of study?  4) Have you identified a person responsible for supervising compliance of each positive requirement? Have they provided you evidence that the requirement is available and suitable? Do they understand their responsibilities with regards to making arrangements, promoting compliance and informing the Applicant when the requirement has been complied with or if there has been a failure to comply? If your organisation needs support with challenging ASB cases then get in touch with us to see how we can help in 2025! #asb #asbadvent #communitysafety

Day 20 of our ASB Advent and today Associate Rochelle Largan with a really helpful tip for housing related ASB… “This tip won’t apply to every case or service, but if you work in housing related ASB and you’re trying to gather evidence to support an order such as a closure, where you may have a property in a block affecting many other people (typically a cuckooed property,heavy footfall, lots of people at all-hours causing continued disturbance) check if the building has an electronic entry fob system ... Many fob systems are linked to each individual property and resident, and the usage can be tracked on the system, particularly if you roughly know what times people are tapping in and out. The fob key reports will often show multiple keys being used and quick entries and exits of people coming and going throughout the entire day and night which goes a long way in showing a judge the continued foot fall and likely disturbance…” This practical tip is so relevant considering the rise in cases of cuckooing being reported - thanks Rochelle for sharing this!

⛄️ ASB Advent Day 19 - and today Kuljit Bhogal KC from Cornerstone Barristers wants to get us thinking about meeting the legal test… ⛄️ “Carefully consider the legal test and make sure any action you are considering meets the elements of that legal test. The evidence should explain how the test is met and, if relevant, the impact of the ASB on the victims.” Did you know… Kuljit Bhogal KC is a leading authority on anti-social behaviour law and the author of Cornerstone on Anti-social Behaviour, a comprehensive guide widely regarded as essential for anyone working in this area. The book provides detailed analysis of the legal framework, practical advice for applying the law, and insights into addressing the challenges faced by victims. Kuljit’s work emphasises the importance of precision and thoroughness in meeting legal tests, ensuring that actions taken are not only lawful but also effectively address the harm caused by ASB. Her expertise continues to shape best practices in this complex and evolving area of law.

🌲 Day 18 of the ASB Advent and today we have some amazing insight from Andy Moore from MSB Law Practice on Without Notice Injunctions…🌲 “Top Tip for ASB Practitioners. Any Marvel fan will remember Spiderman’s (Peter Parker) Uncle Ben telling him, “with great power comes great responsibility.” Without notice injunctions under Part 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 are a significant power available to ASB practitioners. When making such an application, the Applicant has a great responsibility to ensure full and frank disclosure. The applicant statement (or lead officer statement) cannot simply be a rhetorical document arguing for the imposition of an order. The facts of the case must demonstrate an appropriate balance. You must: - Make proper enquiries before making the application. - Make full and accurate disclosure of all material facts. - Highlight to the court, if relevant, any counter-allegations, the Respondent’s mental health and/or disability. - Investigate the cause of action asserted and the facts relied on before identifying and addressing any likely defences. - Present the arguments in a manner not solely designed to promote your own interests but in a fair and even-handed way. - Avoid misleading the Court in any material way. Failure to do so risks the injunction being discharged, reputational damage, and an order requiring you to pay the Respondent’s costs.” More about Andy Moore from MSB Solicitors: Andy Moore is a Partner and Head of ASB at MSB Solicitors. With over a decade of experience in social housing, Andy specialises in tackling anti-social behaviour, tenancy management, and leasehold disputes. He advises some of the UK's largest Registered Providers and has developed processes to address unauthorised sub-letting, widely adopted across the sector. Andy also acts on access injunctions, enforcement of covenants, and boundary disputes. Andy is dedicated to helping clients effectively manage ASB, providing tailored legal advice and delivering practical training on ASB action plans and legislative updates. This year we have been proud to collaborate with MSB on a number of new projects - here’s to more in 2025! #asb #law #communitysafety

❄️ Jo Grimshaw from Surrey Police Service delivers day 17 of our ASB Advent this year… advocating for listening to your victims and communities effectively, using the SARA model…❄️ “Do you fully understand the issue?” Far too often I see practitioners responding to a problem because either “it’s what we’ve always done” or “it worked somewhere else”… This can mean that communities and victims feel let down and it reduces their confidence in you to keep them safe when your responses don’t work. So before you jump to that “response” activity, carry out a SARA plan…..you may be surprised and your response could be completely different to the one you originally thought of. You can find out more about SARA at the College of Policing Website - we will share the details in the comments!” More about Jo: Jo Grimshaw serves as the Head of ASB and Partnerships at Surrey Police. In this capacity, she leads initiatives to tackle ASB, youth engagement, and serious violence across the county. Jo emphasises the importance of collaborative efforts, stating, "Anti-social behaviour cannot be solved by one agency alone and requires a real partnership approach." Under her leadership, Surrey Police has implemented comprehensive strategies to address issues such as antisocial car meets, focusing on immediate intervention, preventive measures, and long-term partnerships. Her dedication to community safety and proactive problem-solving has been instrumental in reducing anti-social behaviour and enhancing public confidence in Surrey - and we are proud to have collaborated with Jo this year!