Escalation Process
The agreed procedure for ASB to be utilised by Devon agencies, utilises an escalation process. This is not a statutory requirement, but is felt to be an appropriate means of avoiding criminalising behaviour that can be dissuaded through a less formal approach. Working through an escalation process will usually resolve most cases, but where it does not it should ensure that all correct actions have been taken before needing to go to court.
In their evidence, the investigating officer will need to be able to demonstrate a series of proportionate actions and warnings taken to address the ASB, which were ultimately unsuccessful as the behaviour has continued. This evidence will hopefully persuade the court that behaviour has been persistent and that the offender has been given every reasonable opportunity to amend their conduct.
Our escalation process will normally follow these four stages (a person will move to a next stage if the ASB continues):
- Stage 1 - First stage warning letter
- Stage 2 - Second stage warning letter and visit to discuss ASB and explore any support required
- Stage 3 - Multi-agency meeting / Acceptable Behaviour Contract (ABC) Community Protection Notice (CPN)
- Stage 4 - Legal action; which may include
- prosecution,
- works in default,
- issuing a fixed penalty notice,
- seizure of equipment,
- simple cautions etc.
The escalation process may not be strictly followed in cases where more swift and urgent action is deemed necessary to prevent a situation that poses a significant risk of harm to anyone. It may also be the case that incidents occur many months apart, so decisions will have to be made on how proportionate it is to move up an escalation process given the infrequency of ASB. Professional judgement will be utilised to determine the next appropriate step to take in an ASB case. When determining the enforcement approach officers should be mindful of this guidance as well as the council's enforcement policy.