Anti-Social Behaviour Policy and Procedure. CBHA Policies and Procedures. Anti-social Behaviour Policy and Procedure CONTENTS.

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1 CBHA Policies and Procedures Anti-social Behaviour Policy and Procedure CONTENTS Executive Summary Policy Objectives Legal requirements Housing Act 1985 Housing Act 1988 Housing Act 1996 Injunctions Crime and Disorder Act 1998 Police Reform Act 2002 Protection from Harassment Act 1997 Criminal Justice and Police Act 2001 Environmental Protection Act 1990 (amended by Noise and Statutory Nuisance Act 1993) Human Rights Act 1998 Noise Act 1996 (amended by Anti-social Behaviour Act 2003) Data Protection Act 1998 Information Sharing Protocol Neighbourhood Renewal Unit Housing Corporation standards Equal Opportunities and Valuing Diversity Schedule of Delegations Consultation Review Procedure 1.0 Receive and Record Incidents Investigating the incident Action Plan Keeping records 2.0 Who does the incident involve? Page 1 of 43

2 Non-residents Youths Residents from another landlord 3.0 The victim approaches the alleged Perpetrator 4.0 Define, assess and witness Dealing with counter allegations Witnessing the anti-social behavior Interviewing the alleged perpetrator Informing the victim of outcome 5.0 When considering the options Options Diary sheets Written warnings Formal warnings Case conference Acceptable Behavior Contracts/Parental Control Agreements Local Initiatives Negotiation Mediation Transfers/Mutual Exchanges Homes Nominations Management Transfers 6.0 Agencies to contact Environmental Health Police Advocacy Professional Witnesses 7.0 Legal Action Role of Witnesses Possession Action Injunctions Ongoing Support Case closure 8.0 Preventative Action 9.0 Performance Monitoring Timescales 10.0 Specific problems 11.0 Good Practice Examples 12.0 Related Documents 13.0 Appendices i) Flowchart for ASB ii) Flowchart for Management Action iii) Flowchart for Legal Action Page 2 of 43

3 Executive summary This policy sets out the options that staff can use when dealing with cases of anti-social behaviour. The procedure introduces specific definitions of nuisance, disputes, violence and harassment, which will help to decide which is the appropriate action to follow:- Nuisance Disrupting the daily lives of other residents in the locality. This can be against a group or an individual and not a personal attack against a particular person. The person causing a nuisance may not be aware that they are disturbing others, for example by playing their music too loudly. Unreasonable interference with an occupier s reasonable enjoyment of their home, garden, estate or neighbourhood. There are varying forms of severity. Disputes An ongoing disagreement between individuals that can be over a particular issue or an issue that cannot be identified. It can become prolonged and escalate easily into a more complex conflict that can involve violence. Violence Any incident in which someone is physically, verbally or psychologically attacked. Includes violence against an object or property and can result in major or minor injuries. Harassment Harassment does not have a formal legal definition. It can be defined as someone deliberately inflicting fear, violence, aggression and intimidation on another person. It is based on prejudicial views about specific characteristics of an individual or group, for example, race, gender, sexuality, religion, age, health and disability or any other reason. It can occur in many forms, ranging from subtle forms of intimidation that persist over a length of time to more direct actions of intimidation and violence. It can be against an individual, a particular group or an organisation. It creates a hostile environment causing alienation, exclusion and an intimidating atmosphere. If the incident is a form of harassment, please see the Hate Crime Policy. Policy Objectives This policy sets out CBHA s approach to dealing with nuisance, disputes, harassment and violence, from a housing management perspective. The policy covers a wide range of issues Page 3 of 43

4 from prevention through conflict resolution, through to more formal and legal remedies for dealing with incidents. It gives clear options for staff to use when managing the process of anti-social behaviour. It aims to empower staff with the necessary tools for managing the processes. Prevention of anti-social behaviour will be central to the design of new housing developments. Specifically this will include using sound insulation above industry standard between properties and accepting advice received from police design advisors on scheme layouts. All of The CBHA s tenancy agreements or leases contain clauses requiring residents not to do, or permit, anything which causes a nuisance or annoyance to their neighbours or to others on the estate. This covers actions in the communal areas as well as the home. Residents are responsible for the actions of other members of their households, including children, lodgers, animals and visitors. Residents should have a degree of tolerance of the different lifestyles of others and cannot expect to enjoy complete peace and quiet. Anti-social behaviour reports should be accepted either verbally or in writing from residents of the CBHA or other residents of a neighbourhood who wish to complain about a CBHA resident. Reports will normally be received by a member of the estate team, and if received at Central Office must be forwarded to the Anti-social Behaviour team and copied to the Area Housing Manager of the relevant area. Victims should be given a copy of the leaflet Anti-social behaviour. The policy focuses on good practice and partnerships with the Police and Local Authorities. Speed of response is essential against anti-social behaviour to achieve an amicable solution. All action must arise out of a jointly agreed action plan between the victim and the investigating officer. The CBHA will empower residents firstly to try and resolve the majority of disputes by approaching their neighbours directly. Secondly, where other bodies have more effective powers to deal with the problem, The CBHA will refer residents to them. The CBHA will support the actions of other agencies such as the local Environmental Health Department if it is satisfied the nuisance exists. There are varying definitions of anti-social behaviour, the National Strategy for Neighbourhood Renewal s report on ASB recognise this problem:- There is no one accepted definition and anti-social behaviour can range from dropping litter to serious harassment. ASB covers a wide range of behaviour, from the clearly criminal to that causing life-style clashes. Behaviour regarded as acceptable by some can be completely unacceptable to others. Legislation The following section sets out and explains the current legislation that is relevant to Anti-social Behaviour cases. Page 4 of 43

5 Housing Legislation Housing Act 1985 (secure tenancies) i) Grounds 1 and 2 of schedule 2 Housing Act 1985 (amended by Housing Act 1996). Housing Act 1988 (assured tenancies) i) Grounds 12 and 14 of Schedule 2 Housing Act 1988 (amended by Housing Act 1996). ii) iii) iv) Action can be taken as a result of behaviour caused either by the resident; or a person residing in or visiting the resident (including partners and children). If other service users are unwilling to attend court, you can rely on witness statements from other members of staff or other people working in the area that have been affected or are witness to the behaviour of the perpetrator. It is important when presenting a court case for nuisance to have some evidence from the local Police force, such as logs if they are carrying out surveillance, or their presence in court to confirm the acts of anti-social behaviour. The creation of information sharing protocols as introduced in the Crime and Disorder Act (see Good Practice section) should help to facilitate the court process. Housing Act 1996 Nuisance or criminal conduct i) Grounds 2(1985) and 14(1988) were significantly altered in the 1996 HA to apply to secure and assured residents:- The resident or person residing in or visiting the dwelling-house- (a) has been guilty of 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, or (b) has been convicted of (i) using the dwelling-house or allowing it to be used for immoral or illegal purposes,or (ii) an arrestable offence committed in, or in the locality of, the dwellinghouse. ii) The Act covers visitors to the resident s home who are guilty of conduct causing or likely to cause nuisance and persons residing in the property, which covers family members and lodgers. Conduct that is likely to cause a nuisance or annoyance The changes also mean that the courts can now accept professional witnesses and housing staff rather than just relying on neighbours to give evidence. The landlord must prove it is reasonable to seek possession on such grounds and it should be seen as a last course of action. Page 5 of 43

6 For Domestic Violence incidents, Ground 2A is appropriate. Please refer to the Domestic Violence Policy. Leaseholders If a leaseholder is causing anti-social behaviour a Section 146 (1925 Law of Property Act) can be served and the proceedings for forfeiture will begin. This needs to be agreed by the Director of Housing. Arrest and Remand From October the provisions relating to remand and bail in the context of injunctions against anti-social behaviour, will come into force. The provisions in question are section 155(2) (6) and (3) to (7) inclusive, section 156 and schedule 15 in the 1996 Housing Act. Section 155 states that a police constable may arrest, without a warrant, anyone breaching an injunction to which the power of arrest has been attached. When this happens the constable must also inform the landlord that applied for the injunction. The person arrested must be brought before a judge within 24 hours. The judge has the power to remand the person in breach of the injunction or to grant bail with or without conditions. Where the court could have attached a power of arrest to an injunction but did not do so, the landlord that applied for it may lay before the judge sworn evidence of any subsequent breach. If satisfied, the judge may then attach the power of arrest. Notice of Seeking Possession i) Notice of Seeking Possession are section 83(3) of Housing Act 1985 and section 8(4) of Housing Act 1988, they are used: when there is a breach of the tenancy agreement. ii) There are 2 main grounds that are used for NOSP which are relevant in cases of anti-social behaviour or criminal conduct:- Ground 2 of HA 1985 Ground 14 of HA 1988 iii) Under both Acts the grounds fall within those which are discretionary, so need to: prove that the conduct took place convince the court that it is reasonable to make an order for possession. iv) Need to state which grounds to be used as well as specific details of the nuisance and dates. v) On the notice, a date must be given which must expire before The CBHA may proceed to court. If the grounds used are 2 or 14 the possession proceedings may be commenced immediately on service of the notice of seeking possession. In the case of a secure tenancy the notice must specify a date on which the resident is asked to give up possession Injunctions Page 6 of 43

7 i) Injunctions may be sought by the landlord or resident to stop people over the age of 18; breaching tenancy agreements/lease agreements causing nuisance to the landlord s property or services damaging property causing nuisance involving violence near landlords housing staff harassment or intimidation ii) iii) iv) The object of an injunction is to; preserve the status quo Or preserve what it ought to be They can be used in conjunction with possession proceedings or on their own. If the terms of the injunction are breached a fine or imprisonment can be imposed. Always seek legal advice as to which injunction to use. Part V, Chapter III, Section 152(1) of the Housing Act 1996 discusses provisions for Injunctions against Anti-Social Behaviour. Injunctions can prohibit a person from: (a) engaging in or threatening to engage in conduct causing or likely to cause a nuisance or annoyance to a person residing in, visiting or otherwise engaging in a lawful activity in residential premises to which this section applies or in the locality of such premises, (b) using or threatening to use residential premises to which this section applies for immoral or illegal purposes, or (c) entering residential premises to which this section applies or being found in the locality of any such premises. v) These injunctions are aimed at severe cases of actual or threatened violence and cannot be used for noise nuisance or drug dealing if there is no element of violence. vi) vii) The 1996 Housing Act strengthened the actions of injunctions by giving the Judge discretion to attach a power of arrest to an injunction sought as part of a possession action against an assured (short-hold or non-short-hold) resident (except action under Section 21). The use of an injunction allows for dispensing of the need for a Notice Seeking Possession, in cases where immediate action is necessary. Emergency injunctions These are called ex-parte injunctions and are for urgent cases for example where there has been violent behaviour. It means that no notice has been given to the defendant. Specific provision has been made for this under 1996 Housing Act section 152(7), where the court believes it is just and convenient to do so. Leaseholders/owner occupiers Can obtain an injunction using the powers in section 222 of the Local Government Act 1972 and under section 81 (5) of the Environmental Protection Act Always seek legal advice to decide which injunction to apply for. Restrictive Injunctions Page 7 of 43

8 Restrictive injunctions can be made against young people, as criminal law restrictions on juveniles do not apply and the burden of proof is less than for criminal prosecution. For example stopping youths from entering certain areas of an estate. Power of arrest i) Powers of arrest can be attached to some injunctions. In possession cases where there is a serious threat of violence against staff and/or residents an injunction against the resident can help modify their behaviour, where there is a time gap between Court judgement and actual eviction. ii) Section 153 of 1996 Housing Act now allows a RSL to request that the power of arrest is attached to an injunction. The power can only be attached where:- the breach or anticipated breach of tenancy consists of the resident (section 153(5) of 1996 Housing Act ): a) 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 b) using or threatening to use the premises for immoral or illegal purposes, or c) allowing any sub-resident or lodger of his or hers or any other person residing (whether temporarily or otherwise) on the premises or visiting them to act in such a way. iii) Once a power of arrest has been attached to the injunction a police officer may arrest without warrant any person whom he/she has reasonable cause to suspect is in breach of the injunction or otherwise in contempt of court (section 155(1) of 1996 Housing Act). Local Authority Injunction Where the conduct amounts to statutory nuisance under the Environmental Protection Act (EPA)1990 (see below for details), the local authority can take injunction proceedings to the High Court under section 81 (5) of the EPA The action will be taken against the person responsible for the nuisance whether this is the resident or someone else living at the property for example for playing music frequently and unacceptable times and volume. Exercise of Right to Buy The CBHA could be seeking eviction for anti-social behaviour from a resident who at the same time is exercising their Right to Buy under the Housing Act If the possession order has already been granted the resident loses his/her right to buy as stated in section 121 of Housing Act If the resident has already completed the necessary stages of the right to buy, i.e. the price and terms have been agreed prior to any possession order being granted, the resident has the right to enforce the sale. Other Legislation Crime and Disorder Act 1998 Anti-social behaviour orders Page 8 of 43

9 i) The Crime and Disorder Act (1998) introduces Anti-Social Behaviour Orders (ASBOs). The Police, RSL or Local Authority can obtain an ASBO from a magistrate when a person (over the age of ten) has been behaving in an anti-social manner; and it is necessary to protect others from further anti-social behaviour by that person. An ASBO lasts for at least 2 years and any breach is a criminal offence. This order is similar to an injunction. The Police, RSL or local authority can apply for an order:- against an individual who acts in an anti-social manner that is, a manner which causes distress to one or more people in a different household to the defendant. The defendant can be either a resident or a non-resident. The Act allows for disclosure of information between organisations, see Information Sharing Protocols below. Applications are to the local magistrates and professional witnesses can be employed. Applications are made when an order is necessary to protect people in the relevant area from further such behaviour. The order is preventative; it does not compel the defendant to do something. The hearing in a Magistrates court is a civil proceeding. The order itself is not a criminal offence, however breach of the order without reasonable excuse, is a criminal offence triable either way, with a maximum penalty on indictment of 5 years in prison. The Breach of an order is an arrestable offence but proof must be beyond reasonable doubt. The orders are not considered suitable for private neighbour disputes (civil matters), but intended to deal with criminal or sub-criminal activity, which, for one reason or another, cannot be proven to the criminal standard, or where criminal proceedings are not appropriate. ii) iii) Examples of situations where an ASBO may be appropriate: Where individuals intimidate neighbours and others through threats or violence Unruly behaviour by small groups Families who use anti-social behaviour, such as verbal abuse Persistent abuse to elderly people/persons, causing fear and distress Serious and persistent bullying Racial or homophobic harassment, see Hate Crime Policy ASB as a result of drug/alcohol misuse ASBO are appropriate where a pattern of behaviour can be proved. They are not appropriate for neighbour or one-off disputes or cases where there may be more relevant legislation. Remember that the Local Authority and the Police must be consulted before an RSL can apply for an ASBO; further advice should be sought from the CBHA s solicitors. POLICE REFORM ACT 2002 The legislation relating to ASBOs was amended by the Police Reform Act 2002 which: Introduced interim orders; these can be made ex parte (without notice of the proceedings being given to the defendant, i.e. the defendant s presence is not required in court) Page 9 of 43

10 Extended the geographical area over which an order can be made to any defined area of (or the whole of) England and Wales Introduced orders on conviction in criminal proceedings Enabled the British Transport police and registered social landlords to apply for orders Introduced orders in county court proceedings (alongside related proceedings). Protection from Harassment Act 1997 i) Makes harassment a criminal offence. A person causes an offence under Section 2 of the Protection from Harassment Act 1997 when they: Pursue a course of conduct- a) which amounts to harassment of another, and b) which he/she knows or ought to know amounts to harassment of the other. ii) Section 4 of the Act concerns fear of violence. It states: a person whose course of conduct causes another to fear, in at least two occasions that, violence will be used against him is guilty of an offence if he knows or ought to know that his course of conduct will cause the other to fear on each of those occasions. iii) The two occasions can happen within a few minutes of each other. Penalties under Protection from Harassment Act 1997 are as follows:- Five years imprisonment or unlimited fine (Section 4) Six months imprisonment and fine up to 5,000 (Section 2) If racially aggravated element also proved however 2 years imprisonment or fine up to 5,000 (Section2) Seven years imprisonment (Section 4) Criminal Justice and Police Act 2001 : intimidating or Harming Witnesses With effect from 1 August 2001 sections 39, 40, and 41 create new offences to increase protection for witnesses in all proceedings other than proceedings for a criminal offence. These new provisions cover proceedings for civil proceedings for an injunction or an anti-social behaviour order. It is useful to be aware of this Act when dealing with witnesses who may be afraid or uncertain about giving evidence against a resident. Section 44 of the same act amends the Protection from Harassment Act 1997 to make it clear that the legal sanctions that apply to a campaign of harassment by an individual against another also apply to a campaign for collective harassment by 2 or more people. Environmental Protection Act 1990 (amended by Noise and Statutory Nuisance Act, 1993) i) Section 80 of the Environmental Protection Act 1990 relates to the responsibility of local authorities to inspect premises and actions to deal with noise nuisance. Page 10 of 43

11 The victim should contact the relevant Environmental Health Department. The Environmental Health Officer (EHO) will visit the alleged perpetrator at home and conduct a preliminary investigation. The Local Authority may:- serve an Abatement Notice on the perpetrator. use noise monitoring machines to measure and record the level of noise to act as evidence in court. ii) If the noise continues the noise maker can be prosecuted in the magistrate s court and if convicted can be fined up to 5000 with a further 500 for each day on which the nuisance continues. iii) In very extreme cases magistrates can order musical equipment to be confiscated. Human Rights Act 1998 i) Article 8(1) has the most reference to housing Everyone has the right to respect for his private and family life, his home and his correspondence. ii) iii) iv) The courts could interpret the State as a Registered Social Landlord and therefore residents will expect the State to protect their private lives and their homes from disturbance by others. It is clear that the act expects local authorities to control unreasonable noise and also they may have to exercise their powers to prevent homes being affected by smells and fumes or other pollution. This is because severe pollution may effect the person from enjoying their homes and adversely affect their family life. More importantly for the CBHA is that a delayed response, an inadequate response or worse still, complete inaction concerning for example, unreasonable noise, may result in prosecution by a resident of the CBHA under this act. On the other hand the perpetrator of noise or other anti-social behaviour may complain if their rights to visit and occupy their homes or the homes of their family members are inhibited by the action of the public authority, for example, by prohibition injunctions obtained under section 152 Housing Act 1996 or by Antisocial behaviour orders. Jan Luba QC (2000). v) This means that even when the CBHA works in partnership with the police or a local authority to gain an anti-social behaviour order, as recommended in the Crime and Disorder Act, the perpetrator may take action against the CBHA under Article 8 of the Human Rights Act. Noise Act 1996 (amended by Anti-social Behaviour Act 2003) i) The Noise Act 1996 introduces the Night Noise Offence between 11.00pm and 7.00am and the duty of local authorities is to investigate reports of excessive noise. (Under Section 42 of the Anti-social Behaviour Act 2003 local authorities no longer need to adopt the Noise Act 1996 in its entirety in order to issue fixed penalty notices for night noise offences.) Page 11 of 43

12 ii) iii) iv) Local authorities must:- take reasonable steps to investigate the report serve a warning notice on the person responsible if the noise exceeds the permitted level If the terms of the notice are breached during that night-time the local authority may issue a fixed penalty notice. If the recipient does not pay this within fourteen days they may be prosecuted for a criminal offence and be liable for a fine. v) Alternatively they may:- prosecute the person from the outset. Seize noise making equipment if the terms of the warning notice are breached. Seek the authority of a Justice of the Peace to enter premises where they are refused access. Retain the equipment for up to 28 days or until criminal proceedings are concluded. The court may order the permanent confiscation of equipment. Data Protection Act 1998 i) The non-disclosure provision of the 1998 Data Protection Act does not apply where a disclosure is for the purposes of:- the prevention and detection of crime Or the apprehension or prosecution of offenders and where failure to disclose would be likely to prejudice those objectives in a particular case ii) In order to satisfy these terms any request for personal information where the purpose is the prevention or detection of crime, the request should specify as clearly as possible how failure to disclose would prejudice this objective. For example, if a social landlord wanted information from the police to assist them in civil proceedings, their request should make clear why it is necessary for the proceedings and why it is envisaged that a successful action would prevent crime. Page 12 of 43

13 Homelessness Act 2002 The local housing authority has a duty to investigate all claims of homelessness. If they find that the applicant has become homeless as a result of deliberate bad behaviour, they may find them intentionally homeless. If they do find this, then the local housing authority s duty is limited to helping the applicant in any efforts they make to find accommodation for themselves, and the provision of temporary accommodation for a short period that will provide a reasonable opportunity for a home to be found. In practice, this period may be little more than 28 days. This act includes a power to enable local housing authorities to decide that an applicant for an allocation of housing (i.e. a long-term social tenancy) has been guilty of unacceptable behaviour serious enough to make him or her unsuitable to be a tenant. In these circumstances the local housing authority may decide to either: To treat the applicant as ineligible for an allocation altogether; or To allow their application but not give them any preference for an allocation. In such cases the local housing authority must be satisfied that: The applicant or a member of their household has engaged in behaviour which, would if (rationally or otherwise) the applicant was a secure tenant of the authority (or the member of the household was residing with a secure tenant of the authority), entitle the authority to a possession order under section 84 of the Housing Act 1985 on any of grounds 1-7 in Part 1 of Scheduler 2 of the Act; The behaviour is serious enough to make the applicant unsuitable to be a tenant of the local authority; and At the time of the application the tenant is still unsuitable to be a tenant. If the CBHA evicts a tenant for anti-social behaviour, and the tenant presents themselves to the local housing authority, they may find that they will not be able to assist them in finding a new home dependent on the behaviour previously. Information Sharing Protocol i) This is a joint protocol between the Police and the CBHA. It allows named officers to obtain relevant information from the police about both victims and alleged perpetrator. Any information received via the protocol must remain confidential. ii) iii) Information for Anti-Social Behaviour investigations only may be obtained on alleged perpetrator or victim regardless of whether or not they are CBHA/HAT residents. For an example of an exchange of information protocol please look at Good Practice examples. Neighbourhood Renewal Unit Local Strategic Partnerships and Public Service Agreements i) In September 2000 the Neighbourhood Renewal Unit was established to deliver the governments National Strategy for Neighbourhood Renewal. One area of work was to produce 18 Policy Action Teams. They brought together a range of professionals and users in housing, health, education, environment and crime to discuss joint working with joined up thinking. Page 13 of 43

14 ii) iii) iv) PAT 4 was concerning Neighbourhood Management. The 5 principles of this PAT are:- Someone with overall responsibility at the neighbourhood level Community involvement and leadership The tools to get things done A systematic, planned approach to tackling problems; and Effective delivery mechanisms The result of this PAT was that Neighbourhood Managers would be appointed to be key players and to co-ordinate services at the community level. One tool they will use to do this is the Local Strategic Partnerships. Public Service Agreements are the next tier from Local Strategic Partnerships. The CBHA works in partnership with other agencies in trying to reduce incidents of antisocial behaviour. These agencies include the local authority, Police, Alert, mediation services and other housing associations in the Safety Net partnership. We are also represented on various Housing Association Liaison Group (HALG) forums. v) The CBHA have agreed for its area offices being designated as Third Party Reporting Sites for hate crime (training is to be arranged). Housing Corporation Requirements i) The Housing Corporation Performance standards for registered social landlords (RSL) state that:- RSLs should be actively involved in the development and monitoring of effective, long term, strategies to deal with anti-social behaviour by residents, their families and visitors to their homes where a breach of the law and / or their Tenancy Agreement is involved. In order to monitor this effectively, they should record the reported number of incidents of anti-social behaviour, including any notices served, evictions, prosecutions and exclusions. In order to meet the performance standards, RSLs should be able to demonstrate that they:- a) Have a lettings policy and procedures which meet priority housing need and ensure that all new lettings would contribute towards achieving stable communities and sustainable tenancies; b) Work with the local authorities to obtain adequate information on applicants who have been nominated from the statutory register so that they will be able to meet our regulatory requirements; c) Have a policy and procedure that allow them, if necessary to take reasonable action to recover homes where the residents, their families or visitors have been involved in antisocial behaviour; d) Co-operate and communicate with the police service, youth offender teams, Social Services and other local agencies, and enlist their support in taking preventative and remedial action to deal with anti-social behaviour; e) Consult on and seek the co-operation of their residents in implementing their policies for dealing with anti-social behaviour and involve them in resolving local problems. Equal Opportunities and Valuing Diversity i) All staff of the CBHA must comply with Equal Opportunities Policy and the Equality and Valuing Diversity Policy when dealing with all customers. Page 14 of 43

15 ii) iii) The CBHA recommends that any vulnerable tenant can contact their local Area Office for help in arranging any additional assistance. The CBHA would also recommend working with an advocate. The CBHA wants to empower residents with information in order to alleviate anti-social behaviour. The CBHA will work in partnership with other agencies in order to achieve sustainable communities. Schedule of Delegations (Who does what) Situation Person responsible Receiving initial report Any member of staff Monitoring the anti-social behaviour process AHM(Support Services) Arrange immediate support Anti-social Behaviour Officer Meet with victim Anti-social Behaviour Officer Refer to other agencies Anti-social Behaviour Officer Agree action plan with victim Anti-social Behaviour Officer Meet with alleged perpetrator Anti-social Behaviour Officer Make reasonable agreements Anti-social Behaviour Officer Authorisation of management action, i.e. mediation, professional witnesses, injunctions Area Housing Manager Send written warnings Anti-social Behaviour Officer Serve Notice of Seeking Possession/seek injunction Anti-social Behaviour Officer Attend court Anti-social Behaviour Officer Attend eviction Anti-social Behaviour Officer Consultation This policy will be reviewed in consultation with resident groups at least every five years. Review The CBHA Board in consultation with the appropriate committee will review this policy at least every five years and will take into account any changes in legislation or legal precedents. Page 15 of 43

16 Procedure Receive and record Incidents 1.0 Reports of anti-social behaviour should be accepted either verbally or in writing from residents of the CBHA. People acting on behalf of a resident or people who are not CBHA residents can also make reports. Reports can also be from the public regarding one of the CBHA s residents or a leaseholder. Staff should consider if reports of neighbour disputes or nuisance contain elements of harassment. If the residents perceive this to be the case then the Hate Crime policy and procedure must be referred to. 1.1 The person receiving the report must use the Anti-Social Behaviour Report Form when interviewing the victim. 1.2 Reports of anti-social behaviour perpetrated by CBHA residents against non-residents may be received and these must be dealt with in accordance with this policy and procedure. 1.3 It is important to remind the resident that all information will be treated as confidential. Investigating the incident In all cases of anti-social behaviour, investigation must take place. Refer to the Flowcharts for quick reference to the procedure. The member of staff should seek sufficient details to determine an appropriate course of action by interviewing the victim either over the phone or in person. Often this can be done on receipt of the report. If not, the Anti-social Behaviour Officer should seek to discuss the issue with the victim within time scales set according to the severity of the incident. Anti social behaviour can be either severe or non-severe. All anti-social behaviour incidents will be logged onto the ASB database. Severe Anti-Social Behaviour 1.5 A severe case is defined as an incident which involves either drugs or violence or threatened violence. Stage One (refer to the ASB Flowchart for quick reference) 1.6 The member of staff has 24 hours to complete Stage One which includes interviewing the victim and initiating an action plan which is in the anti-social behaviour report form. Non-Severe Anti-Social Behaviour 1.7 A non-severe case is defined as an incident which does not involve drugs or violence and could be neighbour nuisance, pets and vandalism (unless racist in nature, see Hate Crimes) Stage One 1.8 The member of staff has 5 working days to complete Stage One which includes interviewing the victim and initiating an action plan which is in the anti-social behaviour report form. Note: The only difference in the procedure for severe and non-severe anti-social behaviour is at Stage One and the differing length of time for action to be taken. 1.9 The Anti-Social Behaviour Report Form will be used in the interview of the victim. The information required at the interview will be:- 1) Name and Address Page 16 of 43

17 2) Details of family living in home 3) Occupation 4) Language spoken 5) Location incident took place 6) Brief description of incident 7) Type of anti-social behaviour 8) Jointly agreed action plan 9) Method of contact for future 10) Person reporting 11) Consent from victim for The CBHA to contact other specified agencies on their behalf regarding the incident 12) Alleged perpetrator(s) details 13) Action relating to alleged perpetrator 14) Initial action for victim 1.10 Anti-social behaviour cases are not always one-sided and it is important to investigate thoroughly before taking any action, especially legal action If from the interview the Anti-social Behaviour Officer discovers that the nuisance is severe and a form of harassment then he/she must refer to the Hate Crime Policy and Procedure. They will also need to arrange support, such as emergency repairs and security devices. Agree Action Plan with Victim 1.12 The action plan is part of the Anti-Social Behaviour Report which will be jointly decided at the initial meeting. This does not mean it is set in stone and at subsequent meetings this action plan can be altered When agreeing the action plan, the Anti-social Behaviour Officer should not provide unrealistic expectations of the powers of the CBHA. The victim should be advised of any steps they would be required to take to support the CBHA s actions The Anti-social Behaviour Officer should draw up an agreed action plan on the anti-social behaviour report form. This should state both the action the victim will take and, if appropriate, the action the CBHA will take. The Anti-social Behaviour Officer should: 1. Stress where appropriate the benefits of informal solutions; for example talking to the other party or asking a mediation service to assist. 2. Make it clear what action the CBHA can take and what action other bodies or the victim should take. Page 17 of 43

18 3. Identify the support the CBHA can give. 4. Discuss a realistic timetable with the victim. 5. Arrange meetings every month, for the Anti-Social Behaviour Officer to contact the victim to get an update of the case. 6. Give copy of the action plan to the victim The Anti-social Behaviour Officer will be responsible for logging the incident as Stage One on the database. All the above information will be logged. Once this has been completed the case number from the database should be given to the victim as their case reference number. It is important that the case reference number is noted on the anti-social behaviour report form Once all of the information has been input to the database and an action plan agreed, Stage One can be ended by the member of staff who input the information. Note: ending the stage does NOT end the case. Stage Two 1.17 This Stage is updated by the Anti-social Behaviour Officer. The member of staff has 10 working days in order to try and resolve the situation The Anti-Social behaviour Officer will investigate further, for example, contact and interview the alleged perpetrator or refer to any options open to them, including management or legal action If within this time the victim has not made contact, then the Anti-social Behaviour Officer will proactively seek to contact the victim and update and amend the action plan with the victim and on the database. Staff will establish whether further assistance is required Once all of the information has been input to the database and the action plan updated if required, Stage Two can be ended by the member of staff who input the information If the matter is resolved at this stage the case can be closed on the database. If however, the matter is not resolved and further investigation are required the case will enter Stage Three. Note: ending the stage does NOT end the case Stage Three 1.22 There are no time scales attached to this stage. The member of staff involved will be proactive in maintaining contact with the victim. Further investigations will be carried out and action taken, for example, the issuing of Injunctions, ABC orders or evictions Once all of the information has been input to the database and all the action taken, as stated in the Action Plan, Stage Three can be ended by the member of staff who input the information When no further action can be taken or the case is resolved Stage Three is closed as well as the CASE. Page 18 of 43

19 Note: If the case is closed on the database at any of the stages or it is closed in error, then the case can be reopened. Keeping records 1.25 The case number generated from the database will be written onto the anti-social behaviour report form. This number can then be input when any future contact or action is taken A completed copy of the anti-social behaviour report form should be kept on the victim s file if they are a resident of the CBHA. It may be needed to review the case and will be important if the CBHA pursues legal action The form and any information about incidents from other parties must Not be shown to them and should be clearly marked Not for Disclosure. These items must be removed if residents make a request to inspect their file The Anti-social Behaviour Officer will continue to update the database of the actions the CBHA has taken at subsequent stages. Only facts should be reported not subjective opinions. Copies should be placed on each party s file. If the Anti-Social Behaviour Officer finds the complaint to be unreasonable or the matter is resolved the file notes should record this The victim should give the landlord: 1. Details of the anti-social behaviour and how often it occurs. 2. The action they have taken to try and solve the problem amicably or with other bodies. 3. The effects of the anti-social behaviour on the victim and other members of the household. 2.0 Who does the incident involve? Non-residents 2.1 This includes individuals or groups who come onto a CBHA area and cause some form of anti-social behaviour. 2.2 A multi-agency approach is recommended with the Local Authority and/or the Police. Acceptance Behaviour Contracts (ABC), and Parental Control Agreements (PCA), can be very effective for youths before any legal options are considered. See the Options sections for more details. 2.3 Anti-social behaviour orders (ABSO) are another form of legal action against a nonresident causing anti-social behaviour. This form of action again will have to be done in partnership with the Local Authority and/or the Police and can be seen as the step after an ABC. 2.4 An injunction can be obtained against the perpetrator/s preventing them from coming to the locality of the estate. Staff will need to seek legal advice about the most appropriate injunction to use. Youths Page 19 of 43

20 2.5 Youths are defined as 17 years old or younger. If the anti-social behaviour is caused by groups of youths, the above action should be taken jointly with the Local Authority and the Police. Visit the Options section for more details. Residents from other landlords 2.6 Where residents from other landlords are involved and informal remedies have failed or are not appropriate, for example sending letters, the HSO or investigating officer should contact the relevant landlord. 2.7 A joint interview with the other landlord may be appropriate. CBHA Leaseholders 2.8 Where the CBHA s leaseholders are involved in anti-social behaviour the member of staff taking the report must input the information onto the database. Details are then passed to the local area office, who will then take appropriate action and continue to update the database until the case is closed. 3.0 The victim approaches the alleged perpetrator 3.1 The victims should normally be advised, as a first step, to contact the person(s) responsible for the anti-social behaviour to inform them it is disturbing them, if appropriate. 3.2 It is better for individuals to resolve the problem themselves as when landlords become involved it makes the situation more formal and resentment between neighbours is greater. 3.3 The CBHA and other agencies such as the Environmental Health Department should not be expected to become involved unless the victim has first approached the perpetrator themselves, or the situation is serious and immediate action needs to be taken. 3.4 The records obtained from the database and on the residents file will be extremely important when the case is reviewed or if the CBHA pursues legal action. 4.0 Define, assess and witness the incident. Dealing with malicious and unfounded complaints 4.1 Some reports of anti-social behaviour may be malicious or unfounded. Some people make complaints as a way of harassing a neighbour, motivated by prejudice because the person is in some way different from themselves. If this is the case please also refer to Hate Crimes policy and procedure. 4.2 The Anti-social Behaviour Officer should make it clear at the initial interview if he/she believes the complaint to be unreasonable or if the CBHA is not prepared to take further action on the current evidence. This should be noted on the action plan of the Anti-Social Behaviour Report Form, detailing why this is the case. Where a neighbour dispute arises from a clash of lifestyles, rather than one party causing anti-social behaviour, the Anti-social Behaviour Officer should still advise the victim firstly to discuss the matter with their neighbour. Secondly, the Anti-social Behaviour Officer should consider referring them to a mediation service, see related document Information on Mediation. Page 20 of 43

21 Vulnerable Residents 4.4 Vulnerable residents may need additional support to deal effectively with the antisocial behaviour. The Anti-social Behaviour Officer may be able to: 1... Help them to draft a letter to their neighbour. 2. Coach them on what to say when they approach their neighbour. 3. Make referrals to voluntary or statutory agencies that can provide ongoing counselling or support, for example through a day centre or home visits. 4. Make referrals to voluntary agencies who can provide an advocate to help them meet with their neighbour to discuss the problem. 5. Make referrals to specialist mediation services. Note: In the case of a dispute between CBHA tenants the Anti-Social Behaviour Officer should avoid being seen to take the side of the vulnerable person. For this reason they may contact other agencies to help the victim put their case to their neighbour. 4.8 Some tenants will be receiving assistance from statutory services such as probation, social services, or the local mental health team. These organisations must be contacted if there is a report of anti-social behaviour concerning the resident. The CBHA can work with these organisations to find solutions to the anti-social behaviour. 4.9 Where a resident is receiving support from an external agency and further counselling and assistance is required, the Anti-Social Behaviour Officer should encourage residents to contact the organisation which is currently providing the support Alternatively the Anti-Social Behaviour Officer should liaise directly with these agencies where they feel that the problem is sufficiently serious for them to intervene without the invitation of the resident. The Anti-Social Behaviour Officer should discuss a way of working with the agency and their client to ensure that the most appropriate course of action is taken and that ongoing support is provided All information will be updated onto the database. Dealing with counter allegations 4.14 It may often be the case that the alleged perpetrator claims they are a victim of the other party s actions. Their complaint of anti-social behaviour should be investigated separately. Please note that in cases of counter allegations if there is an element of harassment refer to the Hate Crime Policy and Procedure The alleged perpetrator will be interviewed in the same manner as the victim, with the member of staff completing an anti-social behaviour report form and agreeing an action with all information put onto the database The Anti-social Behaviour Officer should ask the resident why they have not previously alerted the CBHA and the Anti-Social Behaviour Officer If the member of staff dealing with the case believes it is a tit for tat incident they should send a letter stating:- Page 21 of 43

22 Tit for tat actions are not an acceptable excuse for breaking the terms of their tenancy agreement. The Anti-social Behaviour Officer will investigate the incident of anti-social behaviour and continue to monitor the situation A letter should also be sent to the original victim, they should be advised: 1. Of the action taken to date by the CBHA. 2. Of the counter allegation of the alleged perpetrator. 3. That the Anti-social Behaviour Officer will continue to monitor the situation. 4. To contact the Anti-social Behaviour Officer to discuss the matter. Witnessing the anti-social behaviour 4.19 The Anti-Social Behaviour Officer or a member of the Area Team will endeavour to witness the anti-social behaviour to see if the perpetrator is breaching the terms of their tenancy agreement. This should be the case even if the Anti-social Behaviour Officer has seen/heard the problem on a previous occasion Duty officers/managers may be asked to carry out regular checks, for example as to whether a stereo can be heard outside the property. Confidentiality is of primarily importance to protect the officer s impartiality All information should be input to the database. Interviewing the alleged Perpetrator 4.22 At the appointment with the alleged perpetrator the Anti-Social Behaviour Officer should: a). 1. Complete an Anti-Social Behaviour Report Form including the action plan, with an agreed date and time of the next contact. 2. Remain objective and never accuse. 3. Endeavour not to reveal the identity of the person who made the report unless they have given their permission. 4. Discuss the incident in detail, being specific about the alleged effects on others. 5. Let them put their side of the story. 6. Make clear the seriousness with which The CBHA views anti-social behaviour. 7. Work with the perpetrator to identify any assistance they might require to put a stop to the anti-social behaviour. 8. Inform them that the CBHA will be monitoring the situation. Page 22 of 43