This amendment is regarding the threshold for review for the community trigger. We are concerned that the community trigger will not be effective unless it takes into account the vulnerability of the victim. We all accept that vulnerability
is important and how somebody responds to anti-social behaviour has a huge effect on the impact it has on them and on the community. Our worry is that the proposed trigger is too weak and will therefore be ineffective.
We put in some freedom of information requests about the number of times the triggers had been successfully activated in the pilot areas. The figure was just 13 times out of a reported 44,011 incidents of anti-social behaviour. The worry is that somebody who is vulnerable is not treated any differently to someone who is perhaps more robust and able to deal with the problem.
I feel so strongly about this because I am reminded of one of the first cases I dealt with when I was a reasonably young county councillor in the early 1990s. A lady who came to see me and with whom I was in regular contact for some time was vulnerable. She was easily bullied. Most of us would have thought that the behaviour of some kids in her street was insignificant—eggs thrown at her windows, for example. It was annoying and irritating, and it went on for some time, but her reaction made her more vulnerable. Trying to get the authorities to act in the days before we had anti-social behaviour orders was extremely difficult. It went on for some considerable time.
That situation has not stopped. The Minister will be aware of recent cases and the case of Fiona Pilkington and 18 year-old Francecca Hardwick which goes back to 2009. They complained 33 times about harassment and anti-social behaviour. In the end, Miss Pilkington set fire to their car and they were both killed. Anti-social behaviour can have some tragic and harmful consequences, particularly where the victims are vulnerable. The amendment would ensure that the community trigger takes into account that vulnerability and the need for a 24-hour response if someone says that they are vulnerable. That should be enough to speed up the process. We do not want to see other incidents with such a tragic consequence.
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My colleagues in the other place raised this in Committee. The Minister, Jeremy Browne, said then that the Bill already provides a framework for taking account of particular vulnerabilities and individual needs. I cannot find that in the Bill or in that amendment. Both the issue of vulnerability and the reporting process need to be explicit and clear in legislation or guidance—I would prefer in legislation. One thing that struck me about the Fiona Pilkington case was the comment that systems were in place for officers to have linked the catalogue of incidents, but they were not well utilised. It is a case of being very specific and clear about what the expectations are. I am concerned that Jeremy Browne was talking about hate crimes. Perhaps the Minister can give me some guidance on this. Hate crime does take vulnerability into account, but anti-social behaviour and hate crimes are not the same thing.
The chief executive of Victim Support also said that she supported the community trigger in principle,
“but we think it could go further than that, to make the most important thing in measuring the test the impact on the victim … We think that should very much be the focus of the test: the vulnerability of the victims”.
There is real concern that vulnerable victims will definitely feel that their complaints have not been adequately dealt with if they have to make a minimum of three complaints. Under the heading “Review of response to complaints”, Clause 96(4) states:
“In a situation where … at least three (or, if a different number is specified in the review procedures, at least that number of) qualifying complaints have been made”.
For someone who is feeling vulnerable, being bullied and suffering from anti-social behaviour, three complaints can be two complaints too many before we see tragic consequences. Those three complaints do not guarantee a response: they merely trigger a review from the police or council.
I understand what the Minister is seeking here, but it would be helpful if he could look at this in a little more detail. We looked at how this was approached in the Manchester City Council case study and we were quite impressed with the way these issues were looked at. There were four trigger questions to ascertain the vulnerability of the victim. Something like that could be looked at to take into account those vulnerable victims who feel the consequences and suffer the impact far more than others. They could then be dealt with as a matter of greater urgency, rather than having to make three complaints first. I beg to move.