Agenda item

Alex O’Connor appraised Members of the Anti-Social Behaviour, Crime and Policing Act 2014 in relation to changes required to be made to the Council’s Scheme of Delegation.

The Anti-Social Behaviour, Crime and Policing Act 2014 had received Royal Assent on 13^th March 2014 and proposed a number of reforms to existing legislation which put the victim at the heart of the response to anti-social behaviour and provided professionals with greater flexibility to deal with any given situation.

The reforms set out in Parts 1-6 of the Act were intended to ensure that professionals from a number of agencies dealing with a variety of anti-social behaviours had effective powers which were quick, practical and easy to use in order to provide better protection to victims and communities whilst acting as a deterrent to perpetrators.

19 existing powers were to be replaced with 6 simpler and more flexible ones but their implementation would require effective and co-ordinated consideration by all the agencies involved. In adopting the powers it would be necessary to amend the Council’s Scheme of Delegation (Part 3 of the Council’s Constitution) and to be aware of the additional pressures which could be placed on some services. However, it should be noted that this Council would always seek restorative solutions to issues and would only use these powers as a last resort.

RESOLVED that in accordance with the Anti Social Behaviour, Crime and Policing Act 2014, the Council be recommended to amend the Council’s Scheme of Delegation  as set out below:

(i)        That the Head of Culture and Environmental Protection, in consultation with the Head of Legal Services, be given delegated authority to serve Community Protection Notices in accordance with Part 4 of the Anti Social Behaviour, Crime and Policing Act 2014.

(ii)       That the Council also delegate the serving of Community Protection Notices to Registered Social Landlords in accordance with Part 4 of the Anti Social Behaviour, Crime and Policing Act 2014.

(iii)      That the Council also delegate the serving of Community Protection Notices and Fixed Penalty Notices in the event of a breach to Police Community Support Officers in accordance with Part 4 of the Anti Social Behaviour, Crime and Policing Act 2014.

(iv)      That the Head of Legal Services, in consultation with the Head of Care Commissioning, Safeguarding and Housing, be given delegation authority to seek a Civil Injunction in accordance with Part 1 of the Anti Social Behaviour, Crime and Policing Act 2014.

(v)    That the Head of Strategic Support, in consultation with the Head of Legal Services, be given delegated authority to make a PSPO in accordance with Chapter 2 of the Anti-Social Behaviour, Crime and Policing Act 2014.

(vi)      That the Council’s partners (Neighbourhood Wardens, Street Rangers etc) be approached to ascertain whether they intend to use the PSPO powers.

(vii)    That the Head of Legal Services or his nominee, in consultation with the Head of Strategic Support, be granted delegated authority to issue an Closure Notice and apply for a Closure Order in accordance with Chapter 3 of the Anti-Social Behaviour, Crime and Policing Act 2014.