Anti-Social Behaviour and Crime

Mid Sussex District Council has an anti-social behaviour policy which details how we investigate reports of anti-social behaviour, how we work with partner agencies, what tools we can use to stop anti-social behaviour, our operational procedures and our complaints process. Please click below to read our anti-social behaviour policy.

• Anti-Social Behaviour Policy

Mid Sussex ASB Officers now use body worn cameras (BWC) to help manage risk when they are carrying out their duties whilst away from the office. You can read our BWC Policy here. This policy covers both our parking CEOs and ASB Officers.

The Multi-Agency Anti-Social Behaviour Case Review is a process that allows members of the community to ask the Mid Sussex Community Safety Partnership to review their responses to complaints about anti-social behaviour.

The Multi-Agency Anti-Social Behaviour Case Review is designed to make sure we work together to try and resolve any complaints about anti-social behaviour.

We will do this by:

• Talking about the problem
• Sharing information
• Using our resources to try and reach an agreeable outcome

The Multi-Agency Anti-Social Behaviour Case Review should be used if you believe your complaint has not been properly looked at - or no action has been taken by us.

Please note: The Multi-Agency Anti-Social Behaviour Case Review cannot be used to report general acts of crime, including hate crime.

It does not replace the complaints procedures of individual organisations or your opportunity to complain to the Local Government Ombudsman or Independent Police Complaints Commission.

How can I request a review?

• Online Multi-Agency Anti-Social Behaviour Case Review Request Form

If you have any challenges accessing or completing the form, please call 01444 477489

When can I request a review?

You can make a Multi-Agency Anti-Social Behaviour Case Review request if you have complained about three separate incidents in the last six months to:

• The Council
• The Police
• Or a registered housing provider/social landlord and you feel the incidents have not been investigated fully.

For more information, please see our factsheet below.

• ASB Case Review Factsheet
• You can see our ASB Case Review data here

Mediation

Before we consider enforcement tools, Mid Sussex District Council will also explore opportunities for mediation.

Mediation is an informal way of resolving disputes. It involves each person understanding a little about the other’s point of view and how the problem is affecting everyone involved. The mediators' job is to help everyone to find a way forward that they all agree on - mediators are not there to decide who is right or wrong. Each stage is voluntary, and we are here to support participants through the process. https://mediation-plus.org.uk/mediation/neighbourhood-mediation

Fixed Penalty Notices

Fixed Penalty Notices (FPN/s) have been created under the Clean Neighbourhood and Environment Act 2005 and the Anti-Social Behaviour, Crime and Policing Act 2014. Several officers will be authorised to issue a FPN on the spot.

If an officer witnesses an offence, they can approach the person, show their ID and explain their powers. The officer will explain the offence and can issue a Fixed Penalty Notice ticket. In any case, FPNs can also be sent in the post, as the person can be identified using the license plate of the vehicle.

The Anti-social Behaviour Team’s Fixed Penalty Notices cover:   

• Breach of Community Protection Notices- please see below for information on Community Protection Notices.

• Breach of Public Spaces Protection Order - click here for more information on PSPO  

Community Protection Notices (CPN’s) were created under the Anti-Social Behaviour, Crime and Policing Act 2014. This allows Mid Sussex District Council to issue a warning letter asking for an anti-social behaviour to desist and if this behaviour is not stopped to issue a Community Protection Notice.

A notice will be considered if the behaviour is having a detrimental effect on the quality of life of those in the locality.

• Is persistent or continuing in nature and,
• Is unreasonable.

The decision whether behaviour is considered as any of the above will be taken on a case-by-case basis.

If evidence is received that a Community Protection Notice is breached and an offence has been committed, Mid Sussex District Council can issue a Fixed Penalty Notice for the offence or take court action. A Fixed Penalty Notice can be hand delivered, delivered by a partner agency or delivered by post.

If the Anti-social Behaviour Team receives enough evidence regarding the below incidents or matters, we can issue an FPN:

• Breach of Community Protection Notice 

• Breach of Public Spaces Protection Order (PSPO), current PSPO 

When can you challenge a Fixed Penalty Notice?

Cases where a complaint might be considered favourably include, but are not limited to, instances where you can demonstrate that:

• No offence was committed, or the fixed penalty notice has been wrongly issued
• The offence was committed by someone else
• The offence wasn't the fault of the person against whom the Notice was served, and there was nothing they could do to prevent the offence 
• We shouldn't have served the Notice because the offender is under 18, or is physically or mentally incapacitated or has some other incapacity that prevent them from understanding that they committed an offence
• There are significant extenuating circumstances that temporarily affected the ability of the person to comply with the law

In order to serve a Fixed Penalty Notice, we will have evidence that an offence was committed by the person against whom we issued the Notice. Any challenge must therefore clearly show the reasons why the Fixed Penalty Notice should be cancelled. You will need to give us evidence you have, such as photos, witnesses etc.

There are a range of reasons where a review will not be considered, and these include

• Ignorance of the law – the test would be whether a reasonable person would be aware that an offence had been committed – for example, most people know that dropping litter and allowing their dogs to foul is wrong! There are some requirements to display notices warning people about the law, but these don’t apply everywhere and to all legislation, and warning notices don’t have to be where you happen to be when the offence was committed
• You didn't know an offence had been committed – the test would be whether a reasonable person would have known what had happened
• You couldn't prevent the offence - the test would be whether a reasonable person could have taken steps to prevent the offence occurring
• The offence was only minor – that’s why a Fixed Penalty Notice has been issued, as this gives the opportunity to avoid going to Court. More serious offences could be prosecuted straight away

If you are served a Fixed Penalty Notice by Mid Sussex District Council or anyone acting on our behalf, but you disagree that you have committed an offence or feel that it was unreasonable for us to serve the Notice, you can write to the council at Mid Sussex District Council, Oaklands, Oaklands Road, Haywards Heath, West Sussex RH16 1SS or by email to antisocialbehaviour@midsussex.gov.uk.

Every challenge will:

• Be considered on its merits, on the basis of the information and evidence provided by the individual who issued the fine and by the officer who issued the notice.  
• Receive a full written response, normally within 10 working days. Where a more detailed investigation is required, this will be acknowledged within 5 working days.

Where a challenge is not upheld, the reasons for this will be explained, a further 7-day period for payment will be given.

Fixed Penalty Notices. How to make an appeal or complaint

Fixed Penalty Notices are designed to give an offender the opportunity to discharge any liability to conviction for an offence - which means that by admitting the offence and paying the fine, an offender can avoid being prosecuted for that offence.

There is no formal appeal process for Fixed Penalty Notices – if you disagree that you have committed an offence, you can decide not to pay the Fixed Penalty Fine, and the matter will then be decided by a Court.

Fixed Penalty Notices are designed to give an offender the opportunity to discharge any liability to conviction for an offence - which means that by admitting the offence and paying the fine, an offender can avoid being prosecuted for that offence.

There is no formal appeal process for Fixed Penalty Notices – if you disagree that you have committed an offence, you can decide not to pay the Fixed Penalty Fine, and the matter will then be decided by a Court. However, this can be expensive and time-consuming for both parties, and Mid Sussex District Council therefore has an internal review process that can help to resolve disputes before they get to Court.

Public Space Protection Orders (PSPO/s) were created under the Anti-Social Behaviour, Crime and Policing Act 2014 and can be used to stop a person or a group of people committing anti-social behaviour in a public place, for example in a park. 

Anti-Social Behaviour Offences need to:

• have had, or are likely to have, a detrimental effect on the quality of life of those in the locality;
• is, or is likely to be, persistent or continuing in nature;
• is, or is likely to be, unreasonable, and
• justifies the restrictions imposed. 

Mid Sussex District Council will consider implementing an order on a case-by-case basis. If an individual breaches an implemented Public Spaces Protection Order they can be issued a Fixed Penalty Notice or be taken to court.

The Public Spaces Protection Orders that Mid Sussex District Council has multiple PSPOs for car cruising. For more information on the PSPO for Car Cruising in Mid Sussex please visit: Anti-Social Driving - Mid Sussex District Council 

HASBRAC is a multi-agency meeting which includes the police, local council, social landlords, social services, schools and other relevant agencies to ensure a joint approach offering interventions for victims and perpetrators of anti-social behaviour. Using the relevant powers from each agency HASBRAC is a forum for agencies to discuss anti-social behaviour cases with a view to take the most effective and appropriate action to support victims and stop perpetrators of anti-social behaviour.

Evidence gathered for anti-social behaviour cases is stored on a restricted system which is only accessible to officers that are working on cases.

For more information about how Mid Sussex District Council processes and stores your information please see our Privacy Notices