Are we doing enough to protect and support victims of ASB during court proceedings?

Imagine being physically attacked by a neighbour then repeatedly targeted so that you fear leaving your home.

Imagine living next door to persistent noise which impacts on your mental health so that you can no longer work.

Imagine being scared to let your children out to play due to organised criminals attending neighbouring properties.

Imagine having the courage to report ASB and then being asked to stand up in court to give evidence.

Ask yourselves - Would you be prepared to do it? Would you be prepared to tolerate months of fear whilst the court case proceeds to trial? Even if a without notice injunction was made, would you feel confident that it would adequately protect you?

As legal and housing professionals these are all questions we need to ask ourselves from the outset of any case. These are the questions which will help us to look at the case from the perspective of the victim so that we can determine how best to safeguard and support them during the pre-legal and court process.

In any case which is proceeding to trial, it is vital to maintain victim engagement by providing timely information, implementing support, offering reassurance, instilling confidence and ensuring safety. This can be achieved by:

• Monitoring risk by completing regular victim risk assessments

• Minimising risk by implementing target hardening measures, moving victims to a place of safety, installing CCTV, asking police to increase patrols and arranging estate walkabouts

• Allocating a single point of contact to update victims throughout the case, providing them with a clear overview of the entire court process

• Working with partner agencies such as Victim Support and ASB Help

• Referring the victim to your internal Wellbeing Team and signposting them to external support agencies

• Considering the practicalities of attending court. Can you arrange a court visit so victims can familiarise themselves with the layout?  Can you arrange a taxi for the victim and cover the costs? Will you accompany the victim, so they are not alone? Do the police need to assist? Does the victim need to enter and exit the court building via a different doorway to the perpetrator? Do you need to arrange a conference room where the victim can wait without fearing that they will bump into the perpetrator? Do you need to alert the court that extra security could be required? Does the victim have any disabilities or require an interpreter? How will the victim travel home safely after the hearing?

• Considering whether any special measures are required to enable the victim to give evidence safely and confidently. This can include giving evidence via video link to avoid the victim having to be anywhere near the perpetrator or giving evidence from behind a screen so that they cannot see the perpetrator and vice versa

• Arranging a pre-hearing conference or telephone call with lawyers to help put the victim’s mind at ease.

The success of an ASB case often depends on how well we support the victims and witnesses who have had the courage to come forward. It is vital we get this right so that they remain engaged and give their best evidence.