Anti-Social Behaviour Policy

Mediation

Mediation is the process of bringing two parties in dispute together to discuss and agree a way forward. Mediation can be a useful tool in tackling ASB at an early stage, although it is not appropriate in all cases. The process is facilitated by trained mediators who are independent and impartial of both the parties and the enforcement agencies.

The mediators will contact both sides and hear their views; if there is consent then everyone will meet and mediation will take place. This involves both sides having a chance in a safe environment to have their say and listen. An agreement may be made about the best way forward which is their agreement, not one imposed upon them. The strength of mediation lies in the communication being directly between the involved parties and empowers them to resolve their own dispute, rather than an agency taking a view following investigation and impose a judgement. Whilst typically associated as an early intervention, it can also be used for more longstanding disputes as long as all parties are willing.

In cases involving disputes whereby there appears to be equal culpability for ASB by each party against each other, mediation may be the only potential remedy that an officer can reasonably offer before closing the case.

The Council does have details of local mediators, however we do not have a contract with service providers, therefore the cost of mediation does have to be covered either by the parties involved, or the main agency e.g. Social Landlord or Police, should they wish to proceed. Alternatively if there is no enforcement case to answer, the Council may offer to carry out the mediation, this will be carried out by an officer who has not had previous involvement with the case.

Restorative Justice (RJ)

RJ is often associated with the criminal justice system, but can be utilised in different circumstances where harm has been caused. It seeks to repair harm by facilitating communication between those harmed and those that caused the harm. It should create an opportunity for the person harmed to be able to ask questions about the actions they had been victim of and for the person/s responsible to make amends for what they did.

In Devon RJ is facilitated by Devon and Cornwall Police who have trained practitioners, they will guide the process and ensure the safety of all parties, any agreements remain between the persons directly involved (which can include anyone else effected including friends, family, colleagues etc.). It differs from mediation due to the fact that recognition must be forthcoming from the person/s that caused the harm that they are responsible, it is not appropriate for persons in dispute who disagree where responsibility fits.

In its simplest of forms RJ could be about someone offering an apology when they have acted wrongly and someone else affected or it can be applied in more complex situations. It does not necessitate face to face contact (although this often has the biggest impact) and could be facilitated by a letter or other form of communication dependent on the wishes of the participants. The benefits of a restorative approach are that it can provide more meaningful outcomes to persons harmed by being able to address the concerns that they have had which may not otherwise be possible - often the question is simply 'why me?'. It also reduces reoffending and allows people to make amends in a more direct and meaningful way for their behaviour.

Acceptable Behaviour Contracts

ABCs are a non-legal contract used as a means to engage an ASB perpetrator in a voluntary way before more formal action is required. They will be offered when it is apparent no further warnings are justified and should address the behaviour of concern.

Typically the focus is on agreeing things that the individual will not do, such as be in certain areas, associate with named individuals or behave in a certain way. But it can also list things that the individual either will or should do to make positive change, such as attend an anger management course, attend school or seek help for substance misuse. Usually an ABC will be the result of multi-agency input and will be the outcome of a multi-agency meeting held to discuss the case. It will therefore be signed by a representative of the police and relevant enforcement agency (local authority/Registered Housing Provider) to show a co-ordinated and shared resolve to address the issues.

For youths, the Youth Offending Service should be consulted as standard practice and the parent/guardian be involved. The content of an ABC will be guided by all parties, but ultimately depends on what the individual will agree to.

As a non-legal document, strictly speaking there is no legal consequence for breaching an ABC. However, proven breaches may be the deciding factor in instigating legal proceedings, and the ABC produced in evidence as proof of attempts to engage and encourage modified behaviour.