ANTI-SOCIAL BEHAVIOUR POLICY
CONTENTS
PAGE NO.
Purpose
2
Policy Statement, Aims and Objectives
3
Strategic Context
3
What is Anti-Social Behaviour
4
Tenants Obligations
6
Responsibilities
6
Responding to Complaints of Anti-Social Behaviour
7
Prioritising Complaints – Service Standards
8
Support Services for Victims and Witnesses
8
Risk Assessment and Support for Vulnerable People
9
Prevention and Early Intervention
10
Enforcement and Legal Powers
11
Community Trigger
15
Partnership Working
16
Data Protection, Confidentiality and Information Sharing
16
Protection of Staff
17
Media Strategy
18
Complaints
18
Training
18
Performance Measures
19
Policy Review
19
Glossary of Terms/Jargon Buster
19
Arun District Council Anti-Social Behaviour Policy 2016
1
1
Purpose
1.1
The purpose of this policy is to explain Arun District Council’s
objectives and guidelines for dealing with anti-social behaviour
affecting or caused by its tenants and leaseholders.
1.2
The Anti-Social Behaviour Act 2003 requires all social landlords to
have an anti-social behaviour policy and clear procedures for dealing
with occurrences of anti-social behaviour when they are reported. It
further requires that these documents are regularly reviewed. This
document updates the Council’s current policy, which dates from 2012
and will be supported by revised operational procedures.
1.3
This policy also takes into consideration the changes brought about by
the Anti-Social Behaviour, Crime and Police Act 2014.The Act contains
a variety of measures for tackling ASB, which are intended to provide
better protection for communities, act as a deterrent to perpetrators and
give victims a say in the way their complaints are dealt with.
The Regulatory Framework for Social Housing in England from April
2012 requires that registered providers publish a policy on how they
work with relevant partners to prevent and tackle anti-social behaviour
(ASB) in areas where they own properties. It further requires that in
their work to prevent and address ASB, registered providers should
demonstrate:
that tenants are made aware of their responsibilities and
rights in relation to ASB;
strong leadership, commitment and accountability on
preventing and tackling ASB that reflects a shared
understanding of responsibilities with other local agencies;
a strong focus exists on preventative measures tailored
towards the needs of tenants and their families;
prompt, appropriate and decisive action is taken to deal with
ASB before it escalates, which focuses on resolving the
problem having regard to the full range of tools and legal
powers available;
all tenants and residents can easily report ASB, are kept
informed about the status of their case where responsibility
rests with the organisation and are appropriately signposted
where it does not;
provision of support to victims and witnesses.
1.4
This policy aims to ensure the Council complies with these
requirements of the Regulatory Framework. It applies where any
complainant or alleged perpetrator is an Arun District Council tenant,
leaseholder or member of their household, or where the Council is
involved in its role as a landlord.
Arun District Council Anti-Social Behaviour Policy 2016
2
2
Policy statement, aims and objectives
2.1
Arun District Council is committed to working together with Central
Government, local agencies, local communities and citizens to build a
society in which we respect one another - where anti social behaviour
is rare, is tackled effectively and communities can live together in
peace.
2.2
The aims and objectives of this policy are:
To ensure that as far as possible the Council’s tenants and
leaseholders are able to exercise their right to quiet enjoyment
of their homes;
To ensure that incidents of anti-social behaviour are reported,
accurately recorded and monitored;
To ensure early and effective action is taken which can prevent
anti-social behaviour escalating into a serious situation;
To take a victim centred approach to dealing with complaints of
anti-social behaviour, offering support and advice to victims and
witnesses;
To fully investigate complaints of anti-social behaviour and deal
with them within agreed timescales;
To ensure the perpetrators of anti-social behaviour are aware of
the consequences of their actions;
To take steps to provide appropriate support to perpetrators who
are themselves vulnerable, in partnership with other support
agencies;
To take appropriate enforcement and legal action using the
range of tools available to the Council when there is evidence of
anti-social behaviour;
To work in partnership with other agencies to ensure effective
joint working to address cases of anti-social behaviour;
To ensure staff have the necessary training and skills to be able
to respond effectively to complaints of anti-social behaviour.
3
Strategic Context
3.1
The Council’s priority themes as described in ‘Your Council’ 2013-2017
include a commitment to ‘reduce the number of people who commit a
further crime after receiving help and support from the Council’s anti-
social behaviour team to less than 5%’. A safe and protected
community is also a goal for the Sustainable Community Strategy for
Arun 2008-2026, Our Kind of Place.
3.2
These aims have also been reflected in the Housing Revenue Account
Business Plan 2012-22 which includes a key objective of “Improving
the way anti-social behaviour is tackled, including reviewing policies
and procedures, introducing IT systems for case management and
monitoring, and evaluating the need for specialist staff to manage
Arun District Council Anti-Social Behaviour Policy 2016
3
serious cases”. This updated policy is one of the steps which the
Housing Service is taking to achieve this objective.
3.4
The Council is part of the Safer Arun Partnership. This is a multi-
agency partnership including Arun District Council, West Sussex
County Council, Sussex Police Authority, West Sussex Fire and
Rescue Service, Surrey and Sussex Probation Trust and Local NHS
Trusts, as well as community representatives. Established following the
1998 Crime and Disorder Act, the partnership fulfils the agencies
statutory duty to work together to reduce crime and disorder and
improve the environment within Arun. Reducing anti-social behaviour is
identified as a priority for the Partnership.
4
What is anti-social behaviour?
4.1
There is no single definition of anti-social behaviour but the Anti-Social,
Crime and Policing Act 2014 describes it as;
a)
Conduct that causes or is likely to cause harassment, alarm or
distress to any person.
b)
Conduct capable of causing a nuisance or annoyance to a
person in relation to that person’s occupation of residential
premises, or
c)
Conduct capable of causing housing related nuisance or
annoyance to any person.
4.2
The Housing Act 1996 defines anti-social behaviour as “Engaging in or
threatening to engage in conduct causing or likely to cause a nuisance
or annoyance to a person residing, visiting or otherwise engaging in a
lawful activity in the locality.”
4.3 Harassment as has a variety of definitions but can be broadly defined
as;
Unwanted physical, verbal or non-verbal conduct that has the purpose
or effect of violating a person’s dignity or creating an intimidating
hostile, degrading, humiliating or an offensive environment for them. A
person may be harassed even if they are not the intended target, but
they find the environment offensive. E.g. Racial harassment of a
member of a person’s family.
Examples of anti-social behaviour include:
Noise nuisance
Intimidation and harassment
Threatening or aggressive behaviour
Violence against people or property
Racial harassment
Hate behaviour which targets people because of their perceived
differences
Domestic violence
Arun District Council Anti-Social Behaviour Policy 2016
4
Using housing accommodation for the possession, distribution or
dealing of drugs, or other unlawful activity
Criminal behaviour
Overgrown and neglected gardens
Graffiti
Nuisance from pets and animals
Fly tipping, litter and misuse of communal areas
Motor vehicle nuisance and abandonment
Serious neighbour disputes
4.4
The Housing Service will take action where appropriate and when there
has been a breach of the Tenancy Agreement. Some types of
behaviour are unlikely to be considered to be anti-social behaviour.
For example:
Personal disputes;
Children playing in appropriate areas and at suitable times;
DIY during daytime hours;
Usual household noises from daily living and domestic
appliances including washing machines, vacuum cleaners,
playing music, televisions and radios, when used reasonably
during daytime hours.
4.5
Racial harassment
4.5.1 The Macpherson inquiry into the death of Stephen Lawrence defined a
racist incident as “any incident which is perceived to be racist by the
victim or any other person.” Racial harassment is defined as:
A deliberate act or acts of violence (verbal or physical) including
attacks on property as well as on the person, suffered by
individuals or groups because of their colour, race, ethnic or
national origin, when the victim or anyone else involved believes
that the perpetrator was acting on racial grounds.
4.5.2 Racial harassment may include:
Unprovoked assaults including bodily harm
Vandalism to the home, such as breaking windows
Racist graffiti on or in the vicinity of the home
Arson or attempted arson
Verbal abuse
Unfounded, excessive and/or trivial complaints targeting
someone because of their racial origin.
4.5.3 Arun District Council will not tolerate racial harassment by or against its
tenants and will work with the Police and other agencies to use legal
and other remedies against anyone found to be racially harassing
others.
Arun District Council Anti-Social Behaviour Policy 2016
5
4.6
Domestic violence
4.6.1 Domestic violence is the physical, emotional, sexual, mental or
economic abuse of one person in a relationship where two people are,
or have been, partners. It can continue when the partners are no longer
living together and in both heterosexual and same sex relationships.
Domestic abuse can also occur in other family relationships, for
example between people who are siblings, sons, daughters, parents
and grandparents. Domestic violence is a breach of Arun’s tenancy
agreement and the Council will take legal action, where appropriate, to
evict a tenant who carries out domestic violence.
5
Tenants’ Obligations
5.1
The Council’s Tenancy Agreement makes it clear that tenants are
responsible for their own behaviour and that of every person (including
children) and animals living in or visiting the property. This
responsibility includes behaviour on surrounding land, in communal
areas and throughout the estate in which their home is situated.
Behaviour which is regarded as a breach of the tenancy agreement
includes:
Anti-social behaviour
Criminal activity
Domestic violence
Harassment
Nuisance
Violence or threats of violence including against Council staff or
agents and against anyone living in or visiting the locality.
6
Responsibilities
6.1
The Housing Services Manager is responsible for:
Implementation of this policy, including communicating its
requirements to staff;
Ensuring compliance with the policy;
Ensuring staff receive adequate training to deliver this policy;
Ensuring effective liaison and joint working with other agencies
involved in the delivery of this policy;
Undertaking periodic reviews of the policy.
6.2
The Senior Neighbourhood Management Officer is responsible for the
day to day operation of this policy and for the supervision and support
of the Neighbourhood Management Team who carry out its
requirements on a day to day basis.
Arun District Council Anti-Social Behaviour Policy 2016
6
7
Responding to complaints of anti-social behaviour
7.1
Anti-social behaviour is a complex problem which has wide-ranging
causes and effects upon its victims and therefore requires a flexible
range of appropriate, pro-active remedies to achieve effective
solutions. The Council will aim to respond promptly to complaints of
anti-social behaviour in a way that is sympathetic to the needs of
victims. Whenever possible the Council will aim to deal with complaints
of anti-social behaviour by negotiation, mediation and agreement
between the parties but where this is not possible or appropriate, it will
use the full range of legal powers at its disposal to take action against
perpetrators.
7.2
Arun District Council will take the following actions in response to new
cases of anti-social behaviour:
Accept complaints of anti-social behaviour from tenants,
leaseholders, residents and their advocates, including family
members, local councillors, MP’s, the police and other agencies.
Complaints may be made by letter, e-mail, telephone and in
person at the Council’s offices;
Ensure all complaints are recorded and acknowledged within 1
working day;
Discuss the complaint with the victim within the stated
timescales outlined in section 8 of this policy and agree a
proposed action plan. This will be recorded on the Council’s I.T.
system.
Intervene at an early stage to provide advice and support to
victims and witnesses as required by the risk assessment, in
accordance with the service standards outlined in sections 8, 9
and 10 of this policy;
Intervene at an early stage in complaints of anti-social behaviour
and undertake appropriate action to prevent their escalation as
far as possible;
When necessary, to remedy a breach of the tenancy agreement,
initiate prompt legal and enforcement action on behalf of the
victim.
Use
appropriate
tools,
including
possession
proceedings, injunctions, Acceptable Behaviour Contracts,
demoted tenancies and any other powers which may be
introduced by future legislation;
Monitor incidences of anti-social behaviour and keep appropriate
records and statistics;
Keep comprehensive and up to date records of complaints and
contact with the victim, perpetrator, witnesses and other
agencies;
Ensure prompt repair of any property damage, seeking to
recover costs from the perpetrator whenever possible;
Ensure compliance with the Council’s policies for confidentiality
and data protection;
Arun District Council Anti-Social Behaviour Policy 2016
7
Work in partnership with other agencies to ensure effective joint
working and a multi-agency approach to problem solving;
Ensure staff have the necessary training, skills and resources to
deliver an effective and timely response to complaints of anti-
social behaviour.
8
Prioritising complaints – service standards
8.1
The Council aims to provide a timely response to complaints of anti-
social behaviour. We will respond in accordance with the following
service standards:
1. High Category Complaints – for example complaints involving
threats of, or actual violence against persons, including racial or
other serious harassment and hate crime or criminal activity
including drug dealing, we will respond within 2 working days.
Cases involving high risk vulnerable victims will also be treated as
high category complaints. Whenever possible where there has
been actual violence, we will aim to respond within 1 working day.
Complainants will also be encouraged to report the matter to the
police. The response will include speaking to the complainant by
telephone or in person, taking details of the incident, making an
initial assessment of the next actions required and advising the
complainant of the proposed next steps.
2. Medium Category Complaints – for example complaints about loud
and frequent noise nuisance, vandalism and other damage to
property, we will respond within 5 working days.
3. Standard Category Complaints – for example one-off incidents of
noise and other nuisance, car repairs and other minor incidents will
receive a response within 10 working days.
4. Complaints not assessed as anti-social behaviour - when the
behaviour involved is not considered to be anti-social behaviour
falling within the scope of this policy, we will notify the complainant
of that decision within 10 working days, including advising them
about other remedies which may be open to them.
9
Support services for victims and witnesses
9.1
The Council acknowledges that anti-social behaviour can have a
severe impact upon its victims and is therefore committed to providing
a prompt, effective, sympathetic and appropriate response to
complaints. Victims and witnesses of anti-social behaviour can expect
the following support:
We will ensure victims and witnesses are dealt with
sympathetically and treated in confidence;
We will speak to the victim about their complaints within the
timescales in Section 8 of this policy. We will agree a proposed
action plan to address the anti-social behaviour;
Arun District Council Anti-Social Behaviour Policy 2016
8
9.2
In cases where legal action is appropriate, it will be important that
victims and witnesses give evidence of what they have experienced
and seen. However, witnesses may be reluctant to give evidence in
court due to fear of intimidation or reprisals. The Council will therefore
take steps to support and protect witnesses, including:
Offering information, advice and support from staff throughout
the legal process;
Liaison with the Court to minimise the amount of time witnesses
have to spend face-to-face with perpetrators of anti-social
behaviour;
Using our own staff or those of other agencies to give evidence
where they have witnessed the anti-social behaviour;
Offering additional support to witnesses including security
measures, such as fitting additional locks, lighting or alarms at
their home; referral to other counselling and support services in
the area (where available); transport or travelling expenses to
attend court hearings; or translation services as appropriate;
In the most serious cases, considering whether a move to
alternative accommodation is appropriate. We will not normally
respond to anti-social behaviour by moving either the victim or
the perpetrator as this does not usually resolve the problem.
However, in exceptional cases where there is an identified risk
of violence or aggression to the victim, a permanent or
temporary move may be considered.
10
Risk assessment and support for vulnerable people
10.1 There are circumstances where the Council has a statutory duty to
house people in housing need who may be vulnerable, for example due
to mental health problems, learning disabilities or substance misuse.
Vulnerable tenants may be both victims and perpetrators of anti-social
behaviour and the Council will have regard to their needs in its
response to complaints of anti-social behaviour. An assessment will be
undertaken to identify high risk, vulnerable and repeat victims.
10.2 The assessment will include consideration of the potential risks to both
the victim and perpetrator, as part of developing an action plan in
response to the complaint. The action plan will include proposals to
address the support needs of a vulnerable victim or perpetrator, with
the aim of harm reduction and tenancy sustainment. This might include
partnership working with other agencies, tenancy support and referrals
to other specialist support services.
10.3 Disabled people are sometimes the target of ASB. Victims of ASB have
at times been specifically targeted because they have a disability such
as learning difficulties. In some case the perpetrator takes advantage of
the person or targets them because of their disability. Disabled victims
of ASB are often less able to cope and in greater need of support
Arun District Council Anti-Social Behaviour Policy 2016
9
because of this. The Council must have regard to those who have a
disability. This is called the Public Sector Equality Duty.
The Council will also have regard to perpetrators who may have mental
health or behaviour disorders which may be linked in some way to their
conduct. The Council may ask for expert evidence to support a
person’s claim that their disability causes them to act in an anti-social
manner. Having a disability does not stop the Council taking action to
deal with ASB, nor does it prevent the Court from making orders, but it
seeks to ensure that when they do, they are justified in doing so, and
the action is proportionate. When deciding on a certain course of action
the Council will also look at whether there are any alternate methods of
dealing with the ASB.
10.4
Hate Crime
A hate crime is any criminal offence which is perceived by the victim or
any other person to be motivated by hostility or prejudice based on a
personal characteristic. Incidents can range from harassment, abusive
language threats to the person or their property. Often these manifest
themselves as anti-social behaviour. Even though these may seem
minor they can have a dramatic effect on the victim and their families.
Hate crime can have a negative effect on how well sections of the
community get along. There are a number of laws that deal with hate
crime and the Courts have additional powers to increase the sentences
of any offence aggravated by a hate crime.
11
Prevention and early intervention
11.1 The Council will use Introductory Tenancies for all new tenants. This
will provide a 12 month probationary period during which any potential
problems with the behaviour of the tenant can be identified and acted
upon. This includes using possession proceedings to bring an end to
the tenancy if the tenant fails to keep to the terms of the tenancy
agreement.
11.2 The Council’s Tenancy Agreement outlines the tenant’s obligations not
to commit anti-social behaviour, criminal activity, domestic violence,
harassment, nuisance or violence. These obligations and the
consequences of failing to keep them will be explained to all tenants
when they sign their tenancy agreement.
11.3 When a tenant is identified as needing support in order to sustain their
tenancy, the Council will work with the tenant and with other agencies
and support providers to implement appropriate support plans.
11.4 The Council will exclude an applicant from its Housing Register where
the applicant, or a member of the household, has been guilty of
unacceptable behaviour in the last 5 years.
Arun District Council Anti-Social Behaviour Policy 2016
10
Unacceptable behaviour can include:
Serious breach of tenancy conditions including serious nuisance
or annoyance to neighbours;
Conviction of using the accommodation or allowing its use for
immoral or illegal purposes;
Allowing the property to be seriously damaged by the tenant or
other residents;
Conviction of an arrestable offence committed in the locality
relating to violence or threats of violence;
Conviction of an arrestable offence relating to violence or threats
of violence against Council staff;
Eviction from social housing for nuisance or harassment (racial
or otherwise) where this behaviour is apparent at the time of
application.
11.5 The Council is committed to ensuring that anti-social behaviour is
managed as part of a comprehensive service for residents. This
includes initiatives to improve neighbourhood management, such as
Action Planning for Neighbourhoods in areas identified as a priority and
funding neighbourhood improvements in consultation with residents, for
example, to improve safety and security, lighting or to tackle estate
problems, such as fly-tipping. We will also work with other agencies to
implement multi-agency community initiatives and diversionary
projects, for example for young people.
11.6 Whenever possible, the Council will endeavour to resolve complaints
of anti-social behaviour without recourse to legal action by talking to the
alleged perpetrator about the impact of their behaviour or encouraging
the victim to talk directly to their neighbour.
12 Enforcement and legal powers
12.1 If discussion and mediation have failed to resolve the anti-social
behaviour, the Council will consider the use of a range of enforcement
measures and legal powers, as detailed below. Which powers, or
combination of powers, are most appropriate will be assessed on a
case by case basis, in consultation with other agencies involved in
managing the case.
12.2
Abatement Notices – these can be served by the Environmental
Health Department and may be appropriate when the problem is
mainly noise nuisance. Failure to comply with an Abatement Notice is
a criminal offence and prosecution can result in fine or imprisonment.
12.3
Acceptable Behaviour Contracts – these are not legally binding but
can be drawn up by Council staff and the Police together with the
perpetrator to define acceptable behaviour, such as times when a
person is required to be at home, limits on the volume or timing of
playing music, stopping offensive language or behaviour, or keeping
Arun District Council Anti-Social Behaviour Policy 2016
11
away from particular people or places. They can be particularly useful
for managing anti-social behaviour by young people.
Anti-Social Behaviour Orders (ASBO’S) are no longer in force. These
have been replaced by a Civil Injunctions. The following are the new or
amended provisions brought in by the Anti-Social, Crime and Policing
Act 2014. They are as follows;
12.4 Civil Injunction Orders
This is a civil Court Order designed to prevent a person engaging in
anti-social behaviour where they have engaged or threatened to
engage in anti-social behaviour. The Order can also be used to deal
with housing related anti-social behaviour including; excluding a person
from their home, place limitations on a person’s ability to associate with
others, and leave or remain in their home as a result of a curfew or
restrict access to public places. The Court can attach a power of arrest
to these orders in circumstances where there has been the use of
violence of threats of violence. Failure to comply with an injunction can
result in a fine, imprisonment or both. The Court also has the power to
amend these orders to add or remove conditions.
12.5 Closure Orders
A Closure Order prohibits access to the premises by anyone other than
people specifically allowed to do so. This can include other parts of a
building and or structures. E.g. communal areas and gardens. This
includes the tenant, their families, friends and associates. The purpose
of these orders is to create fast, flexible power that can be used to
protect victims and communities from premises which are causing
nuisance or annoyance. The Court can make the Order for 3 months,
and extend it for a further 3 months.
12.6
Criminal Behaviour Order
This is a post-conviction order that can be made when a person has
been convicted of an offence or the Court makes an order discharging
the offender conditionally. The Court will make this order if it considers
that the offender has engaged in conduct that caused, or was likely to
cause harassment, alarm of distress to any person, and that in making
the Order it will help in preventing the offender from engaging in such
behaviour in the future. Failure to comply with the terms of the Order
can result in imprisonment for up to 6 months, a fine or both.
12.6
Parenting Orders
These are orders that are primarily designed to help parents address
their child’s behaviour. They require a parent to comply with
requirements in an order for not more than 12 months and to attend
counselling sessions for up to 3 months. They can be made by the
Court if the child or young person is convicted of an offence, made
subject to a criminal behaviour order, or a civil injunction. Failure to
comply with the Order is a criminal offence punishable by a fine.
Arun District Council Anti-Social Behaviour Policy 2016
12
12.7
Public Spaces Protection Orders (PSPO)
These orders prohibit activities carried out in a public place within the
authority’s area which have a detrimental effect on the quality of life of
those in the locality, or that it is likely that the activities will be carried
out and that it is likely to have such an effect. The Order can remain in
effect for up to 3 years in total. E.g. restricting the use of public land at
certain times for certain activities such as the consumption of alcohol or
use of drugs. A Fixed Penalty Notice can be issued for failure to abide
by the Order, or in the case of alcohol, surrender to a Police
Community Support Officer. In addition failure to comply with the order
can be a criminal offence which on conviction can result in a fine.
12.8 Community Protection Orders
This is a Notice which imposes requirements upon an individual or
body to whom it is issued. These notices can be to stop doing
something, or to specifically do something, or take reasonable steps to
achieve a specific result. This remedy is designed to deal with
particular ongoing problems or nuisance which has a negative effect on
the community‘s quality of life. It is intended to target the individuals
responsible. The Notice can apply to an individual as well as
businesses. E.g. a person who allows their dog to foul a communal
garden or a takeaway shop that allows it customers to eat their food
outside the shop and then drop litter on the pavement which causes a
nuisance to local residents.
If the Order is not adhered to the Council can undertake the work and
charge the person or business for doing so, or issue a notice requiring
further action be taken. It is also a criminal offence to fail to comply with
the Order and could result in a fine of up to £2,500,
or for business
and other bodies, a fine up to £20,000. The Court can also make an
additional Order to ensure the original Order is complied with e.g. carry
out certain repair work. In addition, the Court has the power to order a
person convicted of an offence to give up an item used to carry out the
offence and that the item be destroyed. Eg. A music system.
12.9
Mandatory Possession
The Council now has additional powers to gain possession of
properties where the tenant or , a member of their household or visitor
has been convicted of a serious offence, proved to have breached a
Civil Injunction and/or been convicted of a breach of a Criminal
Behaviour Order, a Noise Abatement Notice or Order. If a Closure
Order is made in respect of premises, this automatically gives the
Council the power to seek possession. In this case the Court must
make the possession order.
12.10
Ending the Tenancy
Where a council tenant has broken the terms of their tenancy
agreement by engaging in ASB, or allowing their family or visitors to
engage in ASB, the Council can, in appropriate cases, take action to
evict them. The process the Council follows is different depending on
whether the tenancy is Introductory, Secure, Flexible or Demoted.
Arun District Council Anti-Social Behaviour Policy 2016
13
12.11 The first step in possession proceedings relating to secure tenancies is
for the Council to send the tenant a formal notice which sets out clearly
the behaviour the Council says breaks the terms of the tenancy, and
informs the tenant of the date after which the court proceedings can be
started as required by the Housing Act 1985 (as amended). The order
can be outright or suspended on terms. In the event of an outright order
or further anti-social behaviour which breaches the terms of a
suspended order, the Council will apply to the Court for a warrant of
execution to evict the tenant.
There are some circumstances where the Court will grant the Council
immediate possession as long as it has followed the correct procedure
or relies on a ground that empowers the Court to do so. E.g. a closure
order has been made in respect of a property or the tenancy is an
introductory one.
12.12
Community Harm Statements – these have been developed by the
Chartered Institute of Housing working with the Social Landlords Crime
and Nuisance Group for the Department of Communities and Local
Government. It is a tool for social landlords to use to highlight the
impact of anti-social behaviour on a community for 3 main purposes -
to assist in preparing evidence for legal proceedings; to support
evidence based decision making and case management; and to
contribute to developing a multi-agency response.
12.13
Demoted Tenancies – where a secure tenant, or a member of their
household, is carrying out anti-social behaviour, the Council can apply
for a Demotion Order. This has the effect of making the tenancy similar
to an Introductory Tenancy. At the end of the demoted tenancy period
of 12 months, if there have been no further incidents of anti-social
behaviour, the tenancy becomes secure again. However, in the event
of further anti-social behaviour in the 12 month demotion period, the
Council can end the tenancy and apply to the County Court for
possession using a similar procedure to that used for Introductory
Tenancies.
12.14
Parenting Orders – these may be issued by the Court to order a
person to attend parenting classes, undergo family mediation or other
rehabilitation.
12.15
Police Powers
The Police have available to them additional powers which can be
used. They include;
1.
Power of Arrest attached to an injunction order. This gives a
police constable power to arrest the person subject to the order
without a warrant if he has reasonable cause to believe that a
breach of the injunction has occurred.
2.
The Magistrates Court can issue a warrant to a constable or
designated person such as council officer, to enter premises
Arun District Council Anti-Social Behaviour Policy 2016
14
within 14 days of the warrant being issued in order to seize an
item used in the commission of an offence of failing to comply
with a public spaces protection order (PSPO).
3.
If a person is convicted of an offence of breaching the PSPO,
the Court can also order that items be destroyed or disposed of.
E.g. a music system that has been used to create a noise
nuisance.
4.
Dispersal powers allow the police and authorised PCSOs to
exclude a person from a particular place for a maximum of 48
hours. It can be used to stop members of the public being
harassed, alarmed or distressed. Or in the locality of crime or
disorder, and it is likely to reduce the above occurring. The
police also have the power to direct a person to surrender an
item in their possession or control that the officer reasonably
believes has been used, or is likely to be used in anti-social
behaviour. E.g. a moped that is being ridden around on the play
area of an estate causing a nuisance.
12.16
Young People
Where a person is under the age of 18 years there are specific
provisions in place within the Anti-Social Behaviour, Policing and Crime
Act 2014 with regard to the above measures. Officers are advised to
seek guidance from the Council’s legal department before commencing
court action against a person under 18.
13
Community Trigger
There is provision for a tenant to ask the council for a case of ASB to
be reviewed. To complain the person must be a qualifying complainant.
They must make have made a complaint within one month from the
date the ASB occurred and ask for a review within 6 months of the
complaint being made and there have been three qualifying complaints.
The review criteria acts as a filter to ensure that appropriate cases are
put forward for a full ASB review. An ASB case review can be
requested by the victim or by someone acting on behalf of the victim
such as a family member or friend, a carer or MP.
13.1 The Human Rights Act 1998, The Equality Act 2010 and Disability
Rights are protected under the Human Rights Act 1998 are
incorporated into the law of England and Wales and impacts on the
powers councils have in dealing with ASB.
It is unlawful for the council to act in a way that that is incompatible with
a Convention right. Interference with a person’s human rights must be
proportionate to their rights. This means balancing the rights of
individuals against the interest of the wider community. When making
decisions about what action to take to tackle ASB, the Council must be
Arun District Council Anti-Social Behaviour Policy 2016
15
aware of the implications of its decisions and will demonstrate that it
has assessed how a proposed action is affected by human rights and is
proportionate. The Articles that are most likely to apply in these cases
are Article 8 - the right to respect for family life, Article 10 – freedom of
expression and Article 11 – freedom of assembly and association.
These are qualified rights in that there are circumstances in which
these rights can be lawfully curtailed. There must be a rule or regime
that permits the interference. The Convention recognises that there are
legitimate aims for interfering in these rights, such as it is lawful, in the
interest of national security, public safety, the economic well-being of
the county, for the prevention of crime and desired, or the protection of
health or morals or for the protection of the right and freedoms of
others. The interference must also be necessary. The Council is
responsible for showing that the actions it takes are necessary. In other
words they are proportionate. Thus, the principles are directly relevant
to the day to day decision making of officers.
14 Partnership working
14.1 The Housing Service is committed to working in partnership with other
services and agencies to develop multi-agency responses to managing
cases of anti-social behaviour. This includes:
Ensuring effective partnerships with other Council services
(including Environmental Health, Community Safety and Legal
Services) and with the Police to deliver a joined up response to
complaints of anti-social behaviour;
Contributing to achieving the aims of the Safer Arun
Partnership to:
Make communities safer
Reduce anti-social behaviour
Provide high quality services for victims of anti-social
behaviour
Work with local communities to determine their priorities
and find solutions
Ensure that we all work together effectively;
Participating in ASBAG (the ASB Action Group), which meets
monthly to agree a multi-agency approach to individual cases
of anti-social behaviour;
Contributing to the development and implementation of
protocols for joint working and information sharing between
agencies with the aim of improving communication and case
management.
15 Data protection, confidentiality and information sharing
15.1 The Council will ensure it complies with the requirements of the Data
Protection Act 1998 and its own Data Protection Policies when
managing information it holds about its tenants and leaseholders.
Arun District Council Anti-Social Behaviour Policy 2016
16
15.2 All complaints about anti-social behaviour will be treated confidentially.
The name and address of the complainant will not be disclosed to the
alleged perpetrator unless the prior approval of the complainant is
received.
15.3 The Council will work with partner agencies to agree and comply with
information sharing protocols including the West Sussex Data Sharing
Protocol, in accordance with the Crime and Disorder Act 1998 and the
Data Protection Act 1998. Personal data regarding individuals may be
disclosed for one or more of the following purposes:
Preventing Crime and Disorder;
Preventing anti-social behaviour;
Detecting offences;
Apprehending offenders;
Providing support for the victims of crime;
Making our communities safer
Assisting in the prosecution of offenders and obtaining order in
the civil court
15.4
The Equality Act 2010 and Disability
The Equality Act 2010 identifies those characteristics in respect of
which it is unlawful to discriminate (“protected characteristics”).
Examples of these characteristics are; age, disability, race, sex, religion
or belief, sexual orientation.
The Act protects a person from discrimination if they are associated
with someone who has a protected characteristic e.g. a family member
or friend.
16
Protection of Staff
16.1 Dealing with complaints of anti-social behaviour can result in
confrontation, verbal abuse and threats of physical violence. The
Council has a duty to provide its staff with a safe and healthy working
environment and will therefore take appropriate steps to minimise the
risk to its staff.
16.2. The Tenancy Agreement is a legal agreement between the tenant and
the landlord which defines the rights and responsibilities of both parties.
The agreement prohibits the use of, or threat of violence, harassment
or intimidation against any Council Staff or Agents by tenants,
members of their household and visitors. The Council will take
appropriate legal action against perpetrators.
16.3 The Council will also:
Provide training for staff to help them deal with potentially
confrontational situations;
Arun District Council Anti-Social Behaviour Policy 2016
17
Undertake risk assessments and devise safe systems of work to
manage any identified risks;
Keep appropriate records of tenants whose behaviour may pose
a threat to staff and administer a system for notifying staff;
Provide appropriate support for staff following any incidents
involving violence or aggression.
17
Media Strategy
The Council will where appropriate publicise its work, to promote
positive case outcomes and provide reassurance to residents of its
ability to tackle and prevent anti-social behaviour. When appropriate it
will also liaise with other agencies such as the police. Normally this will
be through the Council’s Public Relations Department, but it may liaise
with other agency public relations departments to issue joint statements
or publicity.
18
Complaints The Council is committed to providing the best possible service at all
times with the resources available. Sometimes things do go wrong and
we would always prefer to put things right straight away if at all
possible. If a complaint cannot be resolved by speaking to the person
involved, the section or department who handled the matter in the first
place, we have a procedure for dealing with complaints from members
of the public. This enables complaints to be dealt with in a fair and
consistent way. Details of this can be found on the Council’s website at
www.arun.gov.uk or you can telephone us on 01903 737709.
19
Training
The Council recognises that training for staff is essential to assist them
in responding effectively with complaints of anti-social behaviour.
Training will be provided at regular intervals to ensure staff have the
necessary skills and knowledge to use the full range of tools available
to them. This will include:
Up to date knowledge of the law and good practice;
Interviewing and investigation techniques;
Problem solving and case management;
Good communication skills to enable them to liaise effectively
with both members of the public and staff from other agencies;
Time management techniques to improve case load
management.
20
Performance measures
20.1 The Council will put systems in place to monitor and record complaints
of anti-social behaviour affecting its tenants and leaseholders. This will
include monitoring:
The number of new complaints received each month;
The category of anti-social behaviour alleged;
Arun District Council Anti-Social Behaviour Policy 2016
18
The number of cases closed during the month;
Legal and enforcement action taken;
The number of cases dealt with in partnership with other
agencies;
20.1 These statistics will be included in an annual report on the
management of anti-social behaviour that will be made to the Council.
21
Policy Review
This policy will be reviewed every 3 years. The next review is due in
April 2019.
Glossary of terms/Jargon buster
Term used
Definition
Abatement Notice
A legal notice served by an Environmental Health
Officer requiring someone to stop the nuisance
they are causing. It is often used in cases of noise
nuisance. Failure to comply with an Abatement
Notice is a criminal offence and prosecution can
result in fine or imprisonment.
Acceptable Behaviour
This is an agreement between an individual and
Contract (ABC)
an agency or agencies about how the individual
will behave in the future. It is not legally binding
but seeks to encourage an improvement in
behaviour.
Action Planning for
A plan developed in partnership between the
Neighbourhoods
Council, other agencies and local residents to
identify how the area they live in will be managed
and any specific initiatives that will be undertaken
to improve the area.
Anti-Social Behaviour
Engaging in or threatening to engage in conduct
(ASB)
causing or likely to cause a nuisance or
annoyance to a person residing, visiting or
otherwise engaging in a lawful activity in the
locality.
ASBAG
Anti-Social Behaviour Action Group, a multi-
agency meeting to discuss individual cases of
anti-social behaviour and agree actions to be
taken.
Community Harm
A statement of the impact and harm anti-social
Statement
behaviour is having on a specific community.
Demoted Tenancy
A court order against a secure tenant who has
committed anti-social behaviour which reduces
their security of tenure for a 12 month period.
Housing Register
The register of people in housing need in the
Arun District Council Anti-Social Behaviour Policy 2016
19
District who are waiting to be housed by the
Council or another social landlord.
Housing Revenue
The Housing Revenue Account is a financial
Account Business Plan
record of the income and expenditure of the
Council spent on managing its housing stock. The
Business Plan sets out the Council’s expenditure
priorities for the next 10 years.
Injunction
A court order instructing a person not to behave
in a certain way, or visit a certain area or person.
Introductory Tenancy
A non secure tenancy offered to a new tenant of
the Council for a probationary period of 12
months.
Key Performance
A set of statistics which monitor the performance
Indicators
of the Council against its targets and is published
monthly.
Leaseholder
Someone who has bought their home (normally a
flat) from the Council on a long lease under the
Right to Buy.
Parenting Orders
Orders that may be issued by the court to order a
person to attend parenting classes, undergo
family mediation or other rehabilitation.
Possession Order
A Court order bringing to an end a tenancy and
permits the landlord to then seek to evict the
tenant by applying to the Court for the possession
order to be enforced by the court bailiff.
Registered Provider
A social landlord, either a Council or a housing
association.
Regulatory Framework
The rules which registered providers of social
housing in England are required to follow from
April 2012.
Respect ASB Charter
A voluntary charter for social landlords which
aims to improve the management of anti-social
behaviour.
Risk Assessment
An assessment of the risks involved in a specific
activity or situation and the steps that can be
taken to manage the risks.
Safer Arun Partnership
A multi-agency partnership established following
the 1998 Crime and Disorder Act to fulfil the
agencies statutory duty to work together to
reduce crime and disorder within Arun.
Social Landlord
A registered provider of social housing, either a
Council or a housing association.
Tenancy Agreement
“A legal agreement between the tenant and the
landlord which defines the rights and
responsibilities of both parties”.
Tenant
The person(s) named on the tenancy agreement
who rent their home from the Council.
Arun District Council Anti-Social Behaviour Policy 2016
20
Legislation, Regulation, Guidance and Policy considered in the writing
of this policy.
Legislation and Guidance
1.
Anti-Social Behaviour, Crime and Policing Act 2014.
2.
Anti-Social behaviour, Crime and policing Act : Reform of anti-
social behaviour powers. Statutory guidance for frontline
professionals. July 2014.
3.
Equality Act 2010.
4.
Criminal Justice Act 2003
5.
Crime and Disorder Act 1998
6.
Human Rights Act 1998
7.
The Housing Act 1996
8.
The Housing Act 1985
Policy
1.
Discharge of Homelessness Policy 2015
2.
Equality & Diversity Policy 2014.
3.
Housing Allocations Scheme 2014.
4.
Homelessness Strategy 2012.
5.
Housing Service Standards 2011
6.
Tenant Policy 2010.
7.
Tenancy Agreement 2010
8.
ASB Safer Arun Partnership 2015
Other.
1. Tenants Handbook 2010.
Arun District Council Anti-Social Behaviour Policy 2016
21