Summary of Policy for Dealing with Anti Social Behaviour and Estate Management Nuisance Introduction Section 12 of the Anti Social Behaviour Act 2003 introduces Section 218A of the Housing Act 1996 which requires all social landlords to publish a Statement of Policy for dealing with Anti Social Behaviour (ASB). Wales & West Housing (WWH) recognises the detrimental impact that ASB has on the lives of residents and the wider community. The Statement of Policy demonstrates our duty as landlord to assist in providing safe and stable environments for our residents. They also show our commitment to tackling ASB through a multi agency approach that prevents and provides solutions to the causes and effects of ASB. This is a WWH Summary of its Statement of Policies for dealing with ASB and Estate Management Nuisance. This document explains how WWH will continue to deal with ASB and estate management nuisance that is either caused by, or is affecting our residents and the wider community in which they live. Regular reviews of the Policies will be conducted involving staff, residents and other partners. These documents are intended to be evolving documents and will be updated to reflect best practice and customer feedback. The summary will be amended to reflect any changes. The full Policy is available upon request in a variety of different formats including Braille, large print and in the following languages: Bengali, Chinese, Gujerati, Hindi, Punjabi, Somali, Vietnamese, Arabic and Urdu. What is our general approach to nuisance? WWH recognises the negative and detrimental impact that nuisance can have on people s lives and we intend to provide a clear message that ASB will not be tolerated. As a landlord our approach to tackle nuisance can be summarised as follows: - - 1 -
We are firmly committed to tackling nuisance, We will ensure that all staff dealing with complaints of nuisance do so in a standardised and timely way where complainants are kept informed throughout the investigation into their complaint, We will use enforcement powers where appropriate, for example where attempts at resolution have failed; and We will work closely in partnership with other agencies, landlords and service providers to provide preventative and reactive solutions to the causes and effects of ASB. WWH has a specific policy for tackling nuisance: Estate Management Nuisance A separate policy is in place for tackling Anti-social Behaviour. These two Policies are outlined in further detail in the remainder of this summary document. What are the obligations of residents? WWH has specific tenancy terms in place for all residents in relation to nuisance. Residents are responsible under the terms of their tenancy agreement for their own behaviour and of the behaviour of all members of the household, including children, pets, lodgers and visitors. Residents are ultimately at risk of losing their tenancy if these terms are broken. Terms of Tenancy are clearly explained and discussed during sign up. Copies of tenancy terms and conditions are available upon request from the area Housing Officer. What is Anti Social Behaviour? WWH defines ASB as: any conduct that causes or is likely to cause harassment, alarm or distress to one or more persons not in the same household (Crime and Disorder Act 1998) and any conduct by a resident, any member of their household or visitor to their home who carries out, threatens to carry out, engages in, or with knowledge of, allows any activity to occur which interferes with another person s quiet enjoyment of their life or environment. This broad definition may include and is not limited to the following examples: - - 2 -
Type Noise: all noise irrespective of origin Harassment, Bullying, Intimidation: all discriminatory and associated behaviour Criminal Damage: damage to the physical environment / property Drugs: drug related activity Noise Sexual: ASB / nuisance related to acts of a sexual nature and / or the sex trade Gangs: Examples Loud music, shouting, animals, domestic, vehicles Verbal, written or physical abuse. Racial, Homophobic, Religious or other motivation Vandalism, arson, damage to property. Damage to vehicles, graffiti Streams of visitors / nuisance calls to property, syringes, drug use, drug dealing Noise from animals, cars, music, parties Indecent exposure, sexual acts in public places, kerb crawlers Large groups of people loitering and intimidating others Specific policies used by WWH to tackle ASB WWH has a number of policies targeted at specific types of ASB. These are listed below. Prejudice Motivated Incident Policy WWH views Prejudice motivated harassment and discriminatory Behaviour as a very serious form of ASB. We will take early and enforceable action against any individual found guilty of discriminatory behaviour on the grounds of race, colour, nationality, ethnic or national origins, age, sex, sexual orientation, marital status, disability or religion. We adopt a victim centred approach to dealing with all cases of prejudice motivated harassment. Domestic Abuse Policy We respond sympathetically and sensitively to the needs of the person experiencing domestic abuse. We ensure confidentiality in all our dealings and work co-operatively with other agencies. CCTV Policy We use this equipment where necessary to gather evidence when ASB is taking place. The recording and retention of images of people in public places is undertaken fairly and lawfully under the principles of the Data Protection Act 1998. - 3 -
What is Estate Management nuisance? WWH defines estate management nuisance as: Behaviour that may or may not be a breach of the terms of the tenancy agreement and behaviour which causes nuisance or annoyance such as inconsiderate parking, unkempt gardens and one off incidents that can usually be dealt with in the first instance by those affected, rather than requiring the immediate intervention of WWH staff. WWH has made a distinction between what activities are defined as anti social behaviour and what constitutes estate management nuisance. This is to clearly differentiate between activity which is often of a criminal nature, requiring a multi-agency approach, and behaviour which whilst causing nuisance or annoyance to others that can be dealt with quickly and efficiently by a responsive housing management service. This broad definition may include and is not limited to the following examples: - Type Examples Environmental: non-criminal Urinating in lifts, fly tipping, abandoned behaviour affecting the physical vehicles, general rubbish, garden nuisance environment Animals: Keeping, breeding and Animal fouling, Uncontrolled dogs, management of pets including roaming unsuitable / dangerous General Nuisance: other behaviour that does not fall under other categories but is still perceived to be a nuisance. What methods do we use to tackle ASB? Street drinking, vehicle repairs in street, dangerous driving on schemes, graffiti (not offensive graffiti), minor damage, misuse of communal areas Tenancy Agreements WWH has comprehensive conditions of tenancy with detailed nuisance clauses which all residents are expected to adhere to. Starter Tenancies All new residents who have not had a previous tenancy with a Social Landlord are automatically given a Starter Tenancy which lasts for 12 months. After this period the tenancy becomes assured unless possession proceedings have begun. Conditions of tenancy are explained on sign up by a Housing Officer. - 4 -
Neighbourhood Initiatives for Young people WWH works closely with partnership organisations at a local level to provide a variety of activities for young people living on our schemes. For example, we have a service level agreement with Cardiff Youth Services whereby detached youth workers operate on our schemes. We are developing this service with a view to providing this facility within other unitary authority areas. Our Community Development Project Officers organise events and secure funding to support youths on our schemes across Wales. There are numerous projects currently up and running for youths that include mural and art projects, football tournaments, and the development of local nature reserves designed by young people. Multi Agency Partnerships WWH works with Community Safety Partnerships within the 12 Unitary Authority areas it operates. The aim of such partnerships is to develop and provide effective solutions to ASB. We also have formal and informal agreements with other agencies across Wales where we call upon their particular expertise to provide support and assistance to both complainant and perpetrator. Good Neighbour Agreements In very basic terms a Good Neighbour Agreement is a set of rules for the community compiled by residents for the local area in which they live. For example, these rules may state that particular games are prohibited in certain areas of a scheme. These Agreements are targeted at schemes where low level nuisance has developed. Residents decide the content of the agreement and how it will be monitored. Empowering residents in the decision making process has proven to be an effective method of resolving issues of ASB. Acceptable Behaviour Contracts These are an early intervention means of tackling ASB by individuals. A list of behaviours that are acceptable is drawn up by the individual, the Association and Local Police Officer. The individual signs a contract whereby he/she agrees to behave in an acceptable manner outlined by the contract. The Contract is not a legal document but reinforces the type of behaviour that is expected and the behaviour that will not be tolerated. Mediation Mediation is a process in which an impartial third party - the mediator - helps people in dispute come to an agreement in order to solve the matter. This is an effective means of tackling neighbour disputes and family conflict. WWH has trained members of staff that undertake the mediation process. This service is available to all residents where the circumstances are appropriate. - 5 -
Rehabilitation of Perpetrators and Support for Vulnerable Groups In some cases there may be an underlying cause to ASB, such as family or relationship breakdown, mental illness or disability, a dispute between two families or a clash of lifestyle. In such cases it may not be appropriate to take enforcement action in the first instance. We will work positively with partners such as Social Services, to ensure the perpetrator receives all the advice or support needed both to modify their behaviour and prevent further ASB occurring and to maintain their tenancy and independent living. Secure by Design All new schemes are developed to the Secure by Design principle as required by the Welsh Housing Quality Standard. WWH works closely with developers and contractors to ensure that schemes are developed in a way that prevents ASB. This means schemes are designed with maximum security and with facilities that encourage a community spirit. We believe that planning and investment in our schemes are an important preventative measure for tackling ASB. What enforcement action can we take against perpetrators? Enforcement action can be effective in both stopping and preventing ASB. As a social landlord the following powers are available to us: - Tenancy Demotion Demoted Tenancies allow landlords to apply to the Court to reduce the security of tenure for an existing resident. If the Court is satisfied that it is reasonable to make the order the tenancy is replaced with a less secure form of tenancy where swift action can be taken to end the tenancy if the resident breaches their tenancy agreement. Civil Injunctions Injunctions are Civil Orders obtained from the County Court. An Injunction prohibits the person concerned from engaging in specified types of behaviour. Some Injunctions can exclude the person from specified places or areas. Breach of the conditions of an injunction can result in up to two years imprisonment and/or an unlimited fine for contempt of Court. We have successfully taken out injunctions against people to address a range of different behaviours including assault, severe noise nuisance and keeping unroadworthy vehicles. Possession and Eviction If a resident fails to meet the standards of reasonable behaviour as set out in their tenancy agreement, possession of a resident s home can be sought on the basis of ASB. This is an extremely serious action. This method will only be used as a last resort where other forms of action have failed. - 6 -
Data Protection and information Exchange WWH ensures that personal data is handled properly and that information given to us by complainants is confidential. Permission will be sought from the complainant prior to the disclosure of information to the perpetrator, legal representatives or other interested parties. Any disclosure of personal data is carried out in line with the provisions of the Data Protection Act (DPA) 1998 and Human Rights Act 1998. Information Sharing A key element of working with our partner agencies in tackling ASB effectively is the sharing of information. We share information with the 12 Local Authority Community Safety Partnerships in which we operate. Members of the partnerships include the Local Authority (Youth Offending Team, Social Services, and Education), The Police, Probation Services, Health Authority, Fire Service and other Housing providers. All disclosures are looked at on a case by case basis. What if the nuisance is carried out by people other than Association residents? WWH s housing stock and neighbouring residential areas make up a variety of tenures (Other landlords and owner occupiers). We are able to tackle nuisance across all tenures through our involvement in multi-agency partnerships and by sharing information. WWH will use its enforcement powers to take action against people who are not their residents but whose behaviour impacts upon the housing management function. How are our staff trained for dealing with nuisance? WWH ensures that every member of staff dealing with nuisance is aware of its definition and of what behaviour will not be tolerated. All staff adhere to the ASB and Estate Management Nuisance policies. Our policies are reviewed regularly and staff updated accordingly. WWH trains members of staff on new legislation and provides a support and advice service to members of staff and residents alike. How do we protect our staff? Protection of our staff is of paramount importance and we take our responsibilities in this area very seriously. There are terms in all tenancy agreements that specify what behaviour is unacceptable to our staff. Action will be taken against residents who break these terms. - 7 -
What to do if you are suffering Anti Social Behaviour and nuisance WWH responds to all complaints of nuisance. However, there are a number of things that you can do before contacting us. Resolving disputes informally Very often the best way of resolving a problem is for the people involved to sort it out themselves. People don t always realise that their behaviour is annoying to other people. We support this approach and offer advice on how to approach the person causing the problem. We realise that this approach does not always work or the behaviour may be too serious. Contact the Police Any criminal behaviour should first be reported to the police and then to WWH. How do I make a complaint of nuisance? Complaints to WWH about ASB can be made by phone, in person, by letter, email or through a representative. We will accept anonymous complaints, however this type of complaint will not allow us the opportunity to respond to the complainant. All complaints will be treated in confidence. Translation services or an interpreter will be provided if required. If you want to make a complaint about nuisance, please: Contact your Housing Officer Write to: Wales and West Housing 3 Alexandra Gate, Ffordd Pengam, Tremorfa, Cardiff, CF24 2UD Flint Office Unit 2 Acorn Business Park Aber Road Flint Flintshire CH6 5YN - 8 -
Phone: 0800 0252526 Text: using the housing officer s mobile number Email: using the housing officer email address at wwha.co.uk What happens when a complaint of nuisance / Anti-Social Behaviour is made to us? When a complaint is received, the housing officer is notified immediately and will respond to the complainant to establish further details. That discussion will determine whether any action / intervention is required. Non legal remedies In the event that an investigation is required, the investigating officer will review the case and decide what action to take. If it is established that a non legal remedy would be a proportionate response, the housing officer will consider the options available to them. In many cases where a report of ASB is received, an interview or a warning letter from a Housing Officer will be enough to stop the behaviour. We will only use enforcement action as a last resort, when other non legal measures have failed and it is apparent that they are refusing to amend their poor behaviour, or when the alleged perpetrator refuses to engage with us Legal remedies If the ASB is very serious or if non legal remedies have failed, and there is clear evidence of ASB then WWH will take legal action against the perpetrator. The action we can take will depend on a number of factors such as the tenancy status of the perpetrator. Supporting complainants and witnesses WWH is committed to supporting complainants and witnesses by dealing with complaints promptly, keeping them up-to-date with developments and ensuring that they are referred to appropriate support services. This support will be provided throughout investigation, - 9 -
during legal proceedings and after any legal action has been taken. Where appropriate we will: - Provide emergency contact details, Provide additional security measures such as emergency alarms, personal attack alarms, fire proof letter boxes, reinforced glass, extra bolts and locks on windows and doors and security chains. Use CCTV cameras to gather evidence, Assist with a temporary or permanent move. A permanent move will only be considered where there is a real risk to the complainant or witness. This is not a long term solution to the problem, Consider the use of civil remedies, such as injunctions to protect a complainant or witness. Closing a case Cases will be closed when the problem ceases and there are no outstanding issues. Data Collection WWH conduct satisfaction surveys with a sample of residents annually to gain their views on the service delivered by WWH. Some of this information may be used by us to gauge opinion on nuisance. We conduct customer satisfaction surveys throughout the course of any investigation to both complainants and alleged perpetrators to gather information about the specific service we provide. The information we collect is entirely confidential. In addition we may share information with our partner agencies as part of specific attempts to tackle and reduce crime and disorder in the wider community. Monitoring ASB and the service we provide Key to measuring our achievements against this action plan and monitoring incidents of ASB is the data and information we collect. We are also able to use this information to evaluate the success of initiatives we have in place to tackle ASB so that we know what works best in any given situation. Conclusion This summary of WWH s policies and procedures for dealing with ASB and estate management nuisance demonstrates our commitment to dealing with nuisance properly - 10 -
and effectively. Detailed information is contained in the full policies. To obtain a copy please contact WWH. Making a formal complaint If you are not satisfied with the way in which your complaint of nuisance has been handled you can pursue this through WWH Complaints Procedure. Details of the procedure can be obtained in following ways:- In writing to Wales & West Housing Head Office 3 Alexandra Gate Ffordd Pengam Tremorfa Cardiff CF24 2UD Flint Office Unit 2 Acorn Business Park Aber Road Flint Flintshire CH6 5YN By calling 24 hour call centre: 0800 052 2526 By emailing wwha.co.uk - 11 -