Anti-Social Behaviour Policy
VIOLENCE
HATE CRIME N O I T A D I M INTI
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Contents Introduction 4 Purpose of the Policy
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What is Anti-Social Behaviour
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What is Hate Crime?
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Examples of ASB 8 What does A1 Housing expect?
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Making a report 10 Initial Complaints 11 Informal Action 13 Practical Support 14 Supporting Victims and Witnesses
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Introductory Tenancies 18 Multi-agency work 19 Prevention 20 Legal Action 21 Value for money
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Multi-agency work 23
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Introduction This document is A1 Housing’s Anti-Social Behaviour policy. A1 Housing has a responsibility for dealing with incidents of Anti-Social Behaviour involving all Bassetlaw District Council tenants or properties as part of its Housing Management function. We work in partnership with Bassetlaw District Council and refer serious cases of Anti-Social Behaviour and Hate Crime to a specialist team. Preventing Anti-Social Behaviour is a priority for us. Our tenants have informed us that this subject is a priority concern for them. Left unchallenged, we recognise that Anti-Social Behaviour can have a significant detrimental impact on people’s lives. We also recognise that Anti-Social Behaviour must be tackled in partnership with other agencies, such as Bassetlaw District Council and Nottinghamshire Police.
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Purpose of the Policy The purpose of this Policy is to ensure we have fair, transparent and consistent standards in relation to Anti-Social Behaviour and Hate Crime. This Policy sets out how we intend to prevent Anti-Social Behaviour or intervene promptly when it does occur and take firm action against persistent perpetrators. It tells you what we mean by ‘anti-social behaviour’ (ASB) and sets out the guiding principles for those officers in A1 Housing who deal with ASB. It says what we want our services to achieve for people experiencing ASB, and sets out the principles on the kind of service level and quality we aim to provide. This document does not say how we will deal with ASB on a day-to-day basis. This is covered in our procedures document.
PURPOSE
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What is anti-social behaviour? Anti-social behaviour (ASB) is defined under section 2 of the Anti-social Behaviour, Crime and Policing Act 2014 as:
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Conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, Conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or Conduct capable of causing housing-related nuisance or annoyance to any person.
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What is Hate Crime? Hate Crime is also a form of Anti-Social Behaviour. Hate Crime occurs when a perpetrator targets a victim because of one or more of the following:
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Perceived membership in a certain social group Religion Sexual orientation Disability Class Ethnicity Nationality Age Gender Gender reassignment Marital status Political affiliation HIV/Aids
Hate Crime generally refers to criminal acts, which are seen to be motivated by hatred of one or more of the above groups. Incidents may involve physical assault, damage to property, bullying, harassment, verbal abuse, or insults, or offensive graffiti or letters i.e. hate mail.
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Examples of ASB: • • • • • •
Noise (including banging, shouting, amplified music) Verbal abuse, harassment, intimidation, threatening behaviour
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Alcohol related misbehaviour
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Hate related incidents (as listed above) Vandalism and damage to property Nuisance from vehicles Drugs misuse/dealing (including cultivation, manufacture, supply and use of drugs and other substance misuse)
Domestic abuse (including physical, emotional, psychological and financial abuse) Physical violence including threats of violence Littering, rubbish and fly tipping Garden nuisance (bonfires, etc) Misuse of communal areas/public space/loitering Prostitution, performing sexual acts in public, kerb crawling Any other criminal behaviour not included in the categories above
Please note this is not an exhaustive list. Some noise comes from the reasonable use of a property and is not anti-social behaviour e.g. Footfalls, slamming doors, crying babies, cooking odours or clash of lifestyle. A1 Housing will assess each report in turn when deciding whether it is ASB, taking into account factors such as frequency and individual circumstance. 8
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What does A1 Housing expect? Tenants are expected to behave responsibly and not cause a nuisance or annoyance to other residents. A1 tenants are also responsible for the behaviour of anyone else living in their property and any visitors. Complainants are expected to co-operate with reasonable requests to assist in progressing reports of ASB such as agreeing to self-resolution actions, keeping to appointments, keeping records of incidents, taking part in mediation; as in some circumstances A1 Housing may not be able to take any further action to resolve the problem. We recognise the rights of individuals to be treated fairly. Our response to allegations (including the actions we take) will be made only after assessing the available evidence.
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Making a report A report of Anti-Social Behaviour and/or Hate Crime can be made:
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in person at our Property Shops in Worksop or Retford Town Halls
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by phone to our Freephone 0800 590542
in writing by e-mail via our website at: www.a1housing.co.uk
Please see list of contacts at the back of this leaflet
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Initial Complaints All initial complaints will be received and investigated by our Housing Services Team and dealt with in a timely manner. Before we decide how we might intervene in a situation, we will have considered a number of issues. These include:
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What previous complaints there have been about the alleged perpetrator
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What are the risks posed What support needs does the victim and/or alleged perpetrator have
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How often has the problem occurred
How serious the complaint is Whether we have the authority to manage and resolve the issue effectively or whether the case needs to be referred on
When an Anti-Social Behaviour or Hate Crime complaint is received, it will be given either a Low Level or Serious status, depending on how serious it is and managed according to its priority.
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Examples of where a case will be given serious status will include:
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Intimidation Violence Hate Crime Criminal Behaviour Domestic Violence Where there is an immediate threat to the well-being of an individual or to people in the neighbourhood
Whether we have the authority to manage and resolve the issue effectively or whether the case needs to be referred on A Low Level case will not pose an immediate threat to the well-being of an individual or the community. It may include;
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Noise nuisance Overgrown gardens Rubbish dumping
We will then offer a range of relevant support and advice to try and resolve your complaint including:
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Allocating a named employee to manage your case Advising what priority your case has been given and why Where a visit is required, this will be arranged for a convenient time
Advising on rights and responsibilities Advising you of your options moving forward Advising on the action we intend to take to resolve the issue (where we are able to)
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Informal Action A1 Housing will try to resolve issues of ASB through a range of informal actions including:
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Mediation - for disputes between neighbours by encouraging dialogue between the parties or by referring to a specialist mediation service
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Warning letters
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Meetings
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Acceptable Behaviour Contracts
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Parenting contracts or agreements
The action taken will be assessed depending on the circumstances of each case and in proportion to the antisocial behaviour exhibited.
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Practical support We ensure that practical measures of support are met directly through us or through liaison with other agencies. Practical measures include:
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Removal of abusive or offensive graffiti Anti-Social Behaviour and Hate Crime related repairs completed quickly Translation and the use of interpreters Additional Security Fire assessment referrals to Nottinghamshire Fire (& Rescue) Service Use of dictaphone to record incidents of Anti-Social Behaviour and/or Hate Crime Referrals to Nottinghamshire Police Installation of noise monitoring equipment
Counter allegations Counter allegations will be investigated, but we will try to ensure that these do not hold up an investigation or any decision prior to taking action. Dealing with Perpetrators We will ensure the appropriate action is taken by our employees against perpetrators. Any action will initially be determined by the investigating officer in consultation with the complainant. Alleged perpetrators will be given the opportunity to present their case at each stage of enforcement action. Our employees will, wherever possible, support perpetrators of Anti-Social Behaviour and Hate Crime by signposting them to relevant agencies. 14
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Vulnerable Perpetrators We will always consider issues of vulnerability, such as disability, mental health problems or drug and alcohol related abuse. In such cases we will apply the relevant provisions of the Equality Act and other legislation. We will involve relevant agencies and caseworkers to seek the intervention and support of partner agencies as appropriate. A multi-agency case conference will be called in some cases to find a way forward to stop the Anti-Social Behaviour and/or Hate Crime. Racial Harassment/Hate Incidents and Mate Crime We recognise that Racial Harassment and Hate Incidents can take many forms, ranging from verbal abuse to physical as well as attacks on homes and property. Also we understand that vulnerable people can be targeted by so called ‘mates’ and cause them unnecessary suffering or financial abuse. In these cases we will investigate and make referrals where appropriate to the Nottinghamshire Multi Agency Safeguarding Hub (MASH); cases may be discussed with relevant partners to ensure a multi-agency approach where all options are considered.
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Supporting Victims and Witnesses A1 Housing aims to provide adequate support to victims and witnesses of Anti-Social Behaviour and Hate Crime by working closely with relevant agencies to ensure their safety. This may also include a referral to Victim Support. In considering the most effective options for the protection of tenants and the wider community from Anti-Social Behaviour and Hate Crime, we will consider the positive impact that support may have on perpetrators. We will make referrals where appropriate to specialist agencies when dealing with issues of Anti-Social Behaviour and/or Hate Crime that are a consequence, directly or indirectly, of one of the following factors:
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Drug Use Mental Health
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Alcohol Use Disability
We will also make these referrals at the earliest possible stage via assessment, in an effort to prevent or manage issues as they arise. These agencies include Community Health Teams, Drug and Alcohol Misuse agencies and community based organisations. Rehousing Victims and Witnesses of Anti-Social Behaviour and Hate Crime A1 Housing’s policy is to work with victims to deal with perpetrators rather than move them. The persons involved may have strong connections with their neighbourhood and community and invested substantially in their home. In the most serious and potentially threatening cases, and where it has been assessed that Bassetlaw District Council may have a duty towards them under the statutory provisions of the Homeless Act, we will consider re-housing victims of Anti-Social Behaviour and Hate Crime. 16
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Preventing and Tackling Anti-Social Behaviour The Tenancy Agreement - Bassetlaw District Council’s Tenancy Agreement is a legally binding contract between the Council and its tenants. The Tenancy Agreement is issued by A1 Housing and explained to all Introductory and Secure tenants before they agree to its terms and sign it at the start of their tenancy. The Tenancy Agreement places an obligation on tenants to act reasonably and have consideration for neighbours. It warns that we will take firm action to deal with those carrying out unacceptable behaviour. The Tenancy Agreement contains a number of clauses which clearly set out how tenants, their family and visitors must not do anything that causes nuisance and harassment to others.
PREVENTION
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Introductory Tenancies Bassetlaw District Council has adopted the use of Introductory Tenancies and applies these types of tenancies to all new tenants unless they were a secure tenant immediately before they moved. Examples include: through a transfer, mutual exchange or having moved into the area from another Council or other social landlord. An Introductory Tenancy will automatically become a Secure Tenancy after twelve months unless a legal notice to extend it for a further six months has been served, or an application has been made for a possession order. This could be for any breach of the tenancy agreement, such as rent arrears or Anti-Social Behaviour. The use of Introductory Tenancies provides a positive message to both new and existing tenants that Anti-Social Behaviour and Hate Crime will not be tolerated.
Introductory Tenancies For first time tenants
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Multi-agency work We recognise that often the most effective way to tackle AntiSocial Behaviour and Hate Crime is to work in partnership with other agencies in the community. A1 Housing has a range of useful links with other agencies including:
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Bassetlaw District Council’s Anti-Social Behaviour Team Bassetlaw District Council’s Environmental Health Team Nottinghamshire Police Youth Offending Teams Notts Family Intervention Project (FIP) Probation Service Victim Support Nottinghamshire Fire (& Rescue) Service
A1 Housing is also a key partner in a range of multi-agency forums to tackle anti-social behaviour including:
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Local Partnership Plus groups Local Multi Agency Problem Solving group (LMAPS) MARAC MAPPA Child Protection Conferences
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Prevention Directly, and through working with our partners, we aim to provide a range of prevention, intervention and rehabilitation measures. These include:
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Carrying out regular estates inspections that involve local people and partner agencies
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Designing out crime through planned maintenance and improvement programmes, including local environment schemes
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Promoting acceptable behaviour through resident and community groups and by working with young people in schools
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Working with the Police to ensure agencies work together to tackle specific local issues
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Identifying risks and support needs through a process of assessment, for example, when registering new applicants for housing and during tenancy visits
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Legal Action A1 Housing will use legal action available provided that it is reasonable and appropriate. This will be dependent on the circumstances of each case. Examples of legal action include:
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Demotion orders Proceedings to end the tenancy Civil injunctions Community protection notices Closure orders
On occasions, other agencies may have the best tool available to tackle the problem. In these cases we will work with the appropriate agency to support their action e.g. Criminal Behaviour orders taken by the Police.
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Value for money Limitations will be imposed on actions which A1 Housing will take by factors such as the cost and time involved in those actions, and their likelihood of resolving the problem. Information Sharing, Confidentiality and Data Protection Confidentiality is a key aspect of managing Anti-Social Behaviour and Hate Crime cases. There can sometimes be a conflict between the desire of the complainant to keep their identity confidential and the ability of the organisation to progress issues, particularly with regard to legal action. Our policy is to always seek permission from complainants or witnesses before disclosing information to the perpetrators or their legal representatives. The implications of not disclosing information will be carefully explained to anyone involved along with the support that we can offer. Information about complainants and perpetrators can be shared with other agencies for the purpose of preventing AntiSocial Behaviour and Hate Crime. This should, wherever possible, be done within the framework of an information sharing protocol. Sharing information with the community where Anti-Social Behaviour and/or Hate Crime is occurring is often essential, although care is taken to ensure that required confidentialities are not breached. Where action such as warnings are taken, it is reasonable to share this information with the complainant, however it would not be appropriate to discuss the terms of the warning or agreement. 22
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Where an Anti-Social Behaviour Injunction or other court order has been issued it may be necessary to publicise information about the perpetrator and the terms of the order. This is to ensure that the order is being complied with and to reassure a community that we are serious about dealing with Anti-Social Behaviour. More general information about the actions that we have taken in dealing with Anti-Social Behaviour will also be communicated to the wider community although the identity of those involved will not always be revealed. There are a number of areas of legislation that we must comply with in relation to the sharing of personalised information including the:
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Data Protection Act 1998 (Section 29) Freedom of Information Act 2000 Human Rights Act 1998 Crime and Disorder Act 1998
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Who might Contact us get help? 0800 590 542 www.a1housing.co.uk customer.services@a1housing.co.uk Text us on 07860 021 511 Visit us at: Retford Property Shop Town Hall, 17B The Square, Retford DN22 6DB Worksop Property Shop Queen’s Buildings, Potter Street, Worksop S80 2AH Head Office - Carlton Forest House Hundred Acre Lane, Worksop S81 0TS All officers are open Monday to Friday 9am to 5pm
If you need any help communicating with us or understanding any of our documents, please contact us on 0800 590 542. We can arrange for a copy of this document in large print, audiotape, Braille or for a Language Line interpreter to help you.
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