Session Six: Restorative Approaches in Housing

John Stevenson, Head of Anti-Social Behaviour Unit, Places for People

Restorative Justice

• The context:- Housing Corporation Circular 07/04

Section 12 of the Anti-social Behaviour Act 2003 places a statutory duty on housing associations to publish policies and procedures for tackling anti-social behaviour. These should show a commitment to using the full range of tools now available to tackle ASB

Eviction should be considered only when other interventions have failed to protect the wider community

Restorative Justice

The Context:-

The Tenant’s Charter

Your housing association must only take action to evict you from your home as a last resort, when there is no reasonable alternative

Restorative Justice

What is it? • A harm reduction process in which parties involved in

dispute come together to resolve how to deal with the dispute and implications for the future

Restorative Justice

How Does It Work?• An RJ intervention would normally involve two or more

sides of a dispute actually meeting each other• Trained Facilitator (Housing Manager/Officer) proceeds

through a tried and tested structure in a non judgmental disclosure of facts

Restorative Justice

• All must agree to participate• All must be briefed/prepared• Expert neutral trained facilitator • Condemning the Act, not the ‘Actor’• No humiliation• Principles of respect

Restorative Justice

RJ Conference• Ground rules set out• What happened?• Who was affected?• What would make things

better?• Re-integration • Outcome agreement

Case StudyBackground

• Fleetwood, Lancashire• June 2006• Scheme for over 55s• New resident, Bill, moves

in Jan 06 “upsets applecart”– Car parking– CCTV– Barking dog

• Community in uproar

• Continual complaints• Bill labelled a ‘bully’, a ‘liar’

and a ‘bullshitter’ • Violet labelled ‘benefit cheat’

and a ‘fishwife’

• All had their say and stated how they had been affected

Case StudyThe conference

• All affected were willing and wanted a resolution to the problem

• Few felt resolution would be reached

• Atmosphere was tense, Bill subjected to verbal abuse

Case StudyHow things were made better

• “Somehow we need to be able to live together”.

• Violet stood up, shook everyone’s hand and apologised for harm being caused, followed by Bill

• Bill agreed to move the grey Volvo to outside Violet’s house and solely use the green Volvo in the parking area

• Bill agreed to ensure the camera is only pointing at the row of cars in the parking area

• All agreed to acknowledge each other in passing and invite Bill over to have a drink on the grassed area when out in the sunshine

• Violet apologised for the dog barking and would try to keep him quiet and leave him at home more

Case StudyOutcome agreement

Case Study

RJ shuttle meeting• Northampton• Steven and John• Assault – March 07• No criminal charges• Upset and harm continued• Steven would not agree to meet face to face

Case Study

Outcome• Steven and John now able to co-exist without ‘bad

feeling’• What other options were available?

Restorative Justice

It can achieve• An apology is 15 times more likely• Forgiveness is 89% more likely

97% say RJ conference “went well”

Staff perspective – A ‘healing’ experience

Why use RJ?• It’s simple – just requires a little learning • Doesn’t steal the conflict • Residents desire for the problem to stop (rather than

legal action)• Longer term resolution for those affected• An in house remedy• Facts don’t always have to be agreed

Restorative Justice

Restorative Justice

Why use RJ?• Can be used where court action is not appropriate• Increase in customer satisfaction• Avoids highly expensive litigation• Participants feel they have resolved the conflict by

themselves• Staff development• Fits with RESPECT, Housing Corporation and Audit

Commission expectations