Anti-social behaviour review information sharing agreement

Categories of information being shared

Due to the complexities of some of the cases discussed in the anti-social behaviour review, information about victims and/or perpetrators may need to be shared and processed by organisations in order to achieve the aims of the meeting.

The following lists outline the types of information that may be shared between organisations who have signed up to the anti-social behaviour review Information Sharing Agreement and Community Safety Information Sharing Protocol. It is however important for organisations to be proportionate when deciding what information is needed to be shared (i.e. only information that will assist the anti-social behaviour review in achieving its aims).

Categories of data subjects include the victim, the perpetrator, the children of the victim or perpetrator (where applicable) and the referee.

Types of personal data

• full name

• date of birth

• address

• gender

• disability

• ethnicity

• school details of children

• pregnancy details

• lifestyle

• family and associates

• tenancy history

• housing officer

• accommodation

• organisation of the referee

Types of special category of data

• whether they are a repeat victim

• mental health needs

• physical health needs

• substance use details

• criminal history

• details of any enforcement activity against victim or perpetrator (i.e. If they have been issued a Community Protection Notice)

• license conditions managed through probation/ Any previous management through IOM or Probation

• legal justification for sharing

Crime and Disorder Act 1998 (CDA 1998)

The term Community Safety has a broad definition. Under the provisions of the Crime and Disorder Act 1998 (CDA 1998), the council has a duty, when undertaking its functions, to take into account how it can prevent crime and disorder (including anti-social behaviour) as well as the misuse of drugs, alcohol and other substances. The council also has an important role in improving outcomes for and providing support to vulnerable children and adults and victims of crime.

The term ‘Crime and Disorder Partnership’ is not set out in legislation but is nonetheless the collective term by which the public authorities covered by Section 5 of the CDA 1998 are in practice known. The Crime and Disorder (Formulation and Implementation of Strategy) Regulations set out how the responsible authorities are to work together. The responsible authorities are not just the council and the chief officer of police, the responsible authorities under Section 5 of the CDA 1998 are:

• the council (LBI)

• the chief officer of police (MPS)

• the police authority (MOPAC)

• the national probation service (NPS)

• the fire and rescue authority (LFB and LFEPA)

• the clinical commissioning group (CCG)

The responsible authorities need to have regard to the police and crime objectives set out in the relevant police and crime plan (in our case, the London Police and Crime Plan 2017–2021) and formulate and implement:

• a strategy for the reduction of crime and disorder in the area (including anti-social and other behaviour adversely affecting the local environment)

• a strategy for combatting the misuse of drugs, alcohol and other substances in the area

• a strategy for the reduction of re-offending in the area.

A strategy group needs to be formed to meet this duty and its responsibility is to prepare and oversee strategic assessments and the partnership plan. In our case, this body is the Safer Islington Partnership Strategic Board. The partnership plan should bring together the various strategies required to meet our legal duties. The strategy group needs to consist of representatives of the responsible authorities listed above and other invitees as is felt appropriate. The council is responsible for convening the group. One of the key purposes of SIP is to encourage a multi-agency approach to problem solving across the Partnership, which may include sharing information to enable this to happen.

The community safety function within the council is governed through the Corporate Director of Environment & Regeneration. Day to day activities are delivered through the teams in both E & R in respect of ASB, hate crime, Prevent, street population, offender management and general issues and Children’s Services in respect of youth crime and violence against women and girls. For drugs and alcohol, delivery is largely through Public Health.
Under Section 17 of the Crime and Disorder Act 1998 the responsible authorities have a duty to consider crime and disorder implications.

(1) Without prejudice to any other obligation imposed on it, it shall be the duty of each authority to which this section applies to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent,
(a) crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment); and
(b) the misuse of drugs, alcohol and other substances in its area
(c) e-offending in its area.