Activity

Who can utilise powers?

Police/PCSO

Council

Leaving the place where you’re living, without reasonable excuse (contravention of HPCR Reg 6)

Under HPCR Regs (Reg 6)

(a)Power to direct individual/s to the place they live; and/or remove individual/s to the place they live (using reasonable force where necessary)

(b)Power to issue a Fixed Penalty Notice / prosecute repeat breaches or more serious offences, for over 18s

No powers under HPCR Regs

Community Protection Warnings/Notices (CPWs/CPNs).  Need officer to actively see the offence being committed.

Gathering in public spaces (incl. streets/parks etc) (3+ people) without reasonable excuse

Under HPCR Regs (Reg 7)

(a)Power to direct dispersal of the gathering; direct any person in the gathering to return to the place they live; and/or remove persons in the gathering to the place they live (use reasonable force where necessary)

(b)Power to issue a Fixed Penalty Notice / prosecute repeat breaches or more serious offences, for over 18s

Where APTR is also charged with another criminal offence, council and police could work together to obtain a Criminal Behaviour Order (CBO) 

No power under HPCR Regs

Community Protection Warnings/Notices (CPWs/CPNs) Need officer to actively see the offence being committed.

Gatherings of people inside homes/gardens

/garages etc without being members of the same household or providing ‘carer’ responsibilities/without reasonable excuse

Under HPCR Regs (Reg 6 & 7):

(a)Power to direct dispersal of the gathering; direct any person in the gathering to return to the place they live; and/or remove persons in the gathering to the place they live (use reasonable force where necessary)

(b)Power to issue a Fixed Penalty Notice / prosecute repeat breaches or more serious offences, for over 18s

Civil Injunctions under s1 ASBCPA 2014 – however police rarely opt to use this option

CBO (same circs as above)

Civil Injunctions (commonly now referred to as “Coronavirus injunctions”!) under s1 ASBCPA - for individuals engaging in conduct capable of causing nuisance/annoyance; just contravening s6/7 of HPCR Regs could be deemed sufficient to currently get a w/o notice injunction (sig risk of harm to others) and could constitute threatening behaviour and harassment/alarm/distress

Causing serious housing related nuisance/alarm/ distress/harassment (noise/drugs/other ASB; complaints between residents)

Closure notices/orders

Harassment Orders – for 2 or more incidents deliberately intending to cause alarm/distress (could include texts/letters/emails/comments/threats/standing outside someone’s house or driving past it/acts of violence).

CBO (same circs as above)

Civil Injunction

Dispersal powers under s35 ASBCPA 2014 – for e.g. if the ASB is not in the housing block/property but on public spaces/greens within an estate

Closure notices/orders – not recommended in cases where likely to make a resident homeless without alternative suitable accommodation.

Possession orders have been stayed for now (therefore subject to review/further advice, will not be an option)

Civil Injunctions – if need on an emergency basis (i.e behaviour will likely continue and this poses risk of sig harm)

Abatement notices under s80 Environmental Health Regulations 1990 – at present would need to be a serious risk of harm and possibly “sensitive circumstances” to merit the EHOs in the Noise and Pollution Team physically attending to seek evidence