New Charter Group Anti-Social Behaviour Policy Angela Galley Version No 1 GN-ASBPOL-1-15
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Introduction
1.1
New Charter Group recognises the adverse impact crime and anti-social behaviour can have on its tenants, residents and the wider community. All our landlord subsidiaries (New Charter Homes, Gedling Homes and Aksa Homes) take an active and leading role in preventing and tackling anti-social behaviour in support of our vision “Great Homes, Great Neighbourhoods and Great People”.
1.2
In accordance with the Group’s Equality and Diversity Policy, we are committed to achieving fairness and equality for our tenants, residents and customers by ensuring that our services are accessible and inclusive. We work in partnership with the community and other organisations to promote equal opportunities, tackle discrimination and ensure that everyone is treated according to their needs.
1.3
Each landlord subsidiary has strategic goals for delivering and improving their antisocial behaviour service, specific to the local areas in which they operate. For New Charter Homes this is the Greater Manchester area, for Gedling Homes this is Nottinghamshire and Aksa Homes primarily operates in Oldham. Aksa Homes also own and manage a small number of properties in Ashton-under-Lyne, Bury and Manchester.
1.4
This policy and procedure statement underpins these strategies by explaining how the Group prevents and tackles anti-social behaviour and what customers can expect from us.
1.5
We have a legal requirement to publish our anti-social behaviour policy and procedure statements and have taken the view that this should be available free of charge in its entirety rather than just in summary format. This document can be downloaded from our Group website www.newcharter.co.uk/ and our subsidiary websites. Customers who do not have access to the internet can request a paper copy which will be sent out in the post free of charge. These documents can also be translated or made available in other formats on request.
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The Policy Statement
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Definition of Anti-Social Behaviour (ASB)
3.1
The term “anti-social behaviour” is broad in definition and can mean different things to different people. It can range from an unintentional disregard for personal or community wellbeing to criminal behaviour.
3.2
New Charter Group defines anti-social behaviour in accordance with Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 as follows:
conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
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3.3
conduct capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises conduct capable of causing “housing-related” nuisance or annoyance to any person
In accordance with the Act “housing-related” means directly or indirectly relating to the housing management functions of a housing provider.
We provide examples of behaviour that falls within this definition in our various tenancy agreements, Below are some examples of the more common types of anti-social behaviour to assist customers know whether the behaviour they are complaining about or engaging in, is “anti-social”
insulting behaviour or words
using or threatening to use violence
bullying or intimidation
actions of hostility or prejudice against anyone because of their actual or perceived identity, whether that be their race, religion, disability, sexual orientation, transgender identity or alternative sub-culture (this is known as a hate crime or a hate incident)
making noise that is or is likely to be a nuisance or annoyance. This can include noise from televisions, sound equipment (stereo systems), radios, musical instruments, domestic appliances and power tools
failing to control an animal or allowing it to mess or cause damage to other people’s property or our property
allowing any planting, trees, hedges or shrubs to become overgrown, blocking light or access or causing obstruction or trespass
doing work on any type of vehicle, motorbike, caravan, trailer or appliance in a way or place that causes or is likely to cause nuisance and annoyance
making false or malicious complaints about someone else’s behaviour
inflicting violence or threatening violence against anyone else (whether they live with you or in another property), harassing or using mental, emotional or sexual abuse against anyone living with you to force them to leave the property
using the property or allowing it to be used for an immoral or illegal purpose
committing a criminal offence in or in the locality of the property
possessing, using, growing, manufacturing or selling controlled drugs 3
using or carrying firearms, knives, machetes or other offensive weapons
causing or committing any act of violence or any form of harassment or intimidation against any member of our staff or anyone authorised to act on our behalf
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Hate Incidents and Hate Crime
4.1
Dealing with hate incidents and hate crime is a vital part of our drive to further the causes of equality and diversity and tackle anti-social behaviour. People who suffer harm at the hands of others because of their actual or perceived differences are denied things we should all be able to take for granted, such as peaceful enjoyment of our home.
4.2
Hate incidents and hate crime stem from prejudice against others based on views about people’s differences. They are, therefore, contrary to our principle of diversity where differences are respected and valued.
4.3
New Charter Group define a hate incident as any action of hostility or prejudice against someone because of their actual or perceived identity, whether that be their race, religion, disability, sexual orientation, transgender identity or alternative subculture. Hate incidents only become hate crimes when a criminal offence has been committed.
4.4
New Charter Group will investigate all hate incidents and hate crimes and takes the view that if an incident is perceived by the victim or witness to be motivated by hate then it will be treated as such. The apparent lack of motivation as to the cause of a crime or an incident is not relevant, as it is the perception of the victim/witness that matters.
4.5
As part of our multi-agency approach to dealing with anti-social behaviour we will, where appropriate, report hate incidents and hate crime to the police, for recording or action, depending on the victim’s requirements and any desire to remain anonymous.
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Our Approach
5.1
New Charter Group recognises the impact anti-social behaviour has on individuals and communities. We operate a victim centred approach to dealing with it and will make it is as easy as possible for anyone to report anti-social behaviour which has been caused by or directed towards our tenants, members of their household or visitors. We will accept complaints from the person who is affected by the anti-social behaviour or their personal representative. We define a personal representative as anyone who has the consent to act on the affected person’s behalf i.e. a family member, Support Worker etc. We will also accept complaints from someone who
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has witnessed the behaviour, but is not necessarily affected by it themselves i.e. verbal abuse directed at someone else.
5.2
Where the anti-social behaviour is a criminal offence, we will encourage those affected by it to report the matter to the police.
5.3
New Charter Group expects its tenants to act reasonably and be considerate of the different values and lifestyles reflected in our neighbourhoods. Our various tenancy agreements clearly set out the terms and conditions that tenants must comply with in respect of the use of the property and their community responsibilities. Tenants are responsible for the behaviour of everyone living with them or visiting them.
5.4
New Charter Group is committed to tackling anti-social behaviour in our neighbourhoods across the different towns in which we operate. The actions we take are carefully considered and proportionate to the effects of the behaviour on individuals, communities and the environment.
5.5
For current information about the different landlord subsidiaries and the neighbourhoods in which they operate please visit our Group website www.newcharter.co.uk/
5.6
In our commitment to tackle anti-social behaviour our approach can be demonstrated through four key areas of activity:
Prevention Partnership working Rehabilitation Enforcement
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Prevention
6.1
This is an essential part of our approach to managing anti-social behaviour. New Charter Group uses a wide range of early intervention techniques to deter customers from engaging in anti-social behaviour and to stop incidents escalating. Below are some examples of the interventions we commonly use across New Charter, Gedling and Aksa Homes.
6.2
Pre and Post Tenancy Information Prospective tenants receive information about becoming a tenant of New Charter Group during the sign-up interview. This includes specific advice about our antisocial behaviour policy and the community responsibilities of all tenants, those that live with them and those that visit them.
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Once the tenancy has commenced we visit all new tenants in order to check that they are occupying the property and complying with the terms and conditions of their tenancy agreement. 6.3
Starter Tenancy Scheme New Charter Group operates a starter tenancy scheme whereby the majority of new tenants are given an assured shorthold tenancy. This is usually for a probationary period of 12 months. During this probationary period, we monitor the conduct of the tenancy and take appropriate action if the tenant engages in antisocial behaviour.
6.4
Closed Circuit Television (CCTV) New Charter Group has cameras located across some of its neighbourhoods and uses CCTV as a visible presence to deter anti-social behaviour and crime. We manage these sites using remote and standalone systems, in accordance with our code of practice.
6.5
Neighbourhood Plans/Promises Where a neighbourhood experiences more anti-social behaviour than other areas it will have a lower star rating in respect of anti-social behaviour and/or crime and consequently require more targeted resources i.e. Local lettings policies Local Community Agreements Environmental improvements to deter fly-tipping etc. Diversionary activities where youths are causing a nuisance For current information about our neighbourhoods plans, star rating scheme and how we intend to improve our neighbourhoods please visit our Group website www.newcharter.co.uk/
6.6
Periodic Estate Inspections We undertake regular inspections of the external environment of our neighbourhoods to highlight any potential issues including i.e. graffiti, vandalism, parking problems etc. and the need for any action by us or other agencies i.e. local council, police etc.
6.7
Restorative Justice and Neighbourhood Resolution Panels New Charter Group recognises that neighbour disputes can sometimes escalate due to misinterpretation and lack of communication between neighbours. Where 6
appropriate we will offer those involved in disputes the opportunity to discuss their issues in a structured way with a trained facilitator. This is known as restorative justice and is a method of resolving conflict and repairing harm caused by anti-social behaviour and crime. It offers people who have suffered harm the opportunity to have it acknowledged and agree a resolution. It encourages people who have caused harm to accept what they have done, the impact on others and to make amends. In association with local partner agencies we have set up Neighbourhood Resolution Panels as a way of bringing all parties together in a safe environment to agree on how their dispute can be resolved. These panels are independent as they are facilitated by Officers who have not been involved in the case or trained community volunteers 6.8
Warnings/Cautions We use warnings/cautions to challenge the unacceptable behaviour of those involved in anti-social behaviour and to reinforce the message that anti-social behaviour will not be tolerated. They are usually confirmed in writing and describe the type of behaviour, why we believe it is anti-social and what will happen if the behaviour does not stop.
6.9
Acceptable Behaviour Contracts (ABCs) New Charter Group use acceptable behaviour contracts with people, as a way of persuading them to modify their behaviour. The contract records the anti-social behaviour that the person has been involved in, the impact of their behaviour on others, their agreement not to continue with the behaviour in future and any legal action that will be taken if the contract is broken. Where the person causing the anti-social behaviour is aged between 10 and 17 years old, their parents or guardian will be encouraged to attend any meetings about the anti-social behaviour. Where possible, we will offer or facilitate support to address the underlying causes of the anti-social behaviour.
6.10
Parenting Contracts We recognise that where children are causing anti-social behaviour, it is important that parents/carers are informed at the first opportunity. Some parents will be unaware of what their child is getting involved in; others may be struggling to know how to manage their child’s behaviour.
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New Charter Group uses parenting contracts to record the steps that parents/carers need to take to prevent a child from continuing to engage in antisocial behaviour. Where appropriate these contracts will set out support measures to help parents/carers to achieve this. We use other early interventions some of which are unique to a particular landlord subsidiary and the area in which they operate i.e. New Charter Homes Pre Tenancy Training Programme Gedling Homes New Tenancy Support Programme Aksa Homes “The A Team” youth project 7
Partnership Working All our landlord subsidiaries operate within mixed tenure communities and therefore it is essential that we adopt a holistic approach to dealing with anti-social behaviour through multi-agency working. Often the issues of anti-social behaviour are common to several agencies and by working together we can tackle them more effectively. We proactively engage with partners to address the causes of anti-social behaviour. We are active members of various multi-agency groups at both a strategic and operational level. We work with various local authorities, the police, the Police and Crime Commissioner, local health teams and a range of other partners to reduce crime and disorder in the local areas in which we operate. We work with our partners to: identify cross-tenure issues share information in connection with the prevention and/or detection of crime agree action plans to effect resolutions agree which organisation is best placed to take any enforcement action The Data Protection Act 1998 requires every organisation that processes personal information, known as data controllers, to register with the Information Commissioner’s Office (ICO), unless they are exempt. As data controllers, New Charter Homes, Gelding Homes and Aksa Homes are all registered with the ICO. We process information for many reasons including for the prevention and detection of crime, which may include acts of anti-social behaviour. For current information on the types of information we process and who we share it with please visit the Data Protection Public Register on the ICO website www.ico.org.uk We will undertake anti-social behaviour case reviews in accordance with the statutory requirements of the Community Trigger. The purpose of the Community Trigger is to give victims and communities the right to request a review of their case 8
when they have reported anti-social behaviour and believe no action has been taken. Agencies including local authorities, the police, local health teams and registered providers of social housing have a duty to undertake a case review when someone requests one and the case meets locally defined thresholds. Our procedure Statement explains in more detail how to activate a Community Trigger. New Charter Group operates a multi-agency approach to supporting vulnerable victims of anti-social behaviour and where appropriate we will request and/or attend risk assessment meetings to discuss the needs of victims and identify what multiagency support is available. In addition, our procedure statement explains how we support all victims of anti-social behaviour. New Charter Group believes that no one should live in fear of domestic abuse from a spouse/partner or members of their household. We include domestic abuse in our definition of anti-social behaviour and work with our partners to provide assistance and support to those suffering from abuse. We regularly engage with partners in various preventative initiatives across the areas in which we operate i.e. creative and sporting activities to divert young people from engaging in anti-social behaviour 8
Rehabilitation New Charter Group encourages individual and community responsibility. However, we also recognise that in some cases those causing anti-social behaviour have problems and need support in order to change their behaviour. Where people experience economic disadvantage and social exclusion, their health and wellbeing is often affected. This can manifest itself in emotional disturbance, mental health problems, alcohol misuse and substance abuse. Our local Neighbourhood Plans/promises outline our partnership approach to improving the quality of life and healthy life expectancy of residents in our neighbourhoods. As part of our rehabilitative approach we will consider on a case by case basis how to achieve long term changes in behaviour by: promoting accountability for actions  seeking to identify the causes of the behaviour  identifying how such causes can be eliminated To this end we will sign-post those who need specialist support to appropriate agencies. Subject to local arrangements, we may also offer in-house support to those causing anti-social behaviour that are willing to change their behaviour:
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A referral to our “Positive Behaviour” service who support households who have complex health problems and are at risk of being evicted for anti-social behaviour to change their behaviour/lifestyle We will act swiftly when the person causing the anti-social behaviour is failing to engage with support and their behaviour does not improve 9
Enforcement New Charter Group uses a wide range of tools to tackle anti-social behaviour comprising of non-legal actions, already covered in section 2.4, and legal actions. The type of action taken is considered on a case by case basis, taking all known circumstances into account. We will take legal action where necessary to protect victims of anti-social behaviour and to stop problems escalating. Any legal action we take will be proportionate and supported by sufficient evidence. Where appropriate, we will also consider and promote the implementation of legal action enforceable by other agencies, for example:
where the anti-social behaviour is being caused by non-New Charter Group tenants in our neighbourhoods where the anti-social behaviour is a criminal offence
The table below identifies the legal powers available to New Charter Group: Community Protection Notice (CPN) In order to use this legal power social landlords, i.e. New Charter Homes, Gedling Homes or Aksa Homes, require the permission of the local authority. It is the local authority who decides whether or not to designate social landlords in their area to issue CPNs. Currently New Charter Homes is the only one of our three landlord subsidiaries who has delegated authority from the local authority to issue CPNs where anti-social behaviour is occurring in its neighbourhoods. New Charter Homes will use CPNs in accordance with Part 4 Chapter 1 of the Antisocial Behaviour, Crime and Policing Act 2014 for the purpose of stopping a person aged 16 or over, business or organisation from committing anti-social behaviour which negatively affects the community’s quality of life. The legal test is that the anti-social behaviour has to have a detrimental effect on the quality of life of those in the locality; be of a persistent continuing nature and be unreasonable. Prior to issuing any CPN, New Charter Homes will provide the person, business or 10
organisation with a written warning first. The warning will make it clear that if the anti-social behaviour does not stop, they could be issued with a CPN. Failing to comply with the terms of a CPN is a criminal offence. Possible sanctions include a Fixed Penalty Notice up to ÂŁ100, a fine on conviction up to level 4, paying for remedial work or forfeiture of items that are causing the anti-social behaviour i.e. sound making equipment Civil Injunction This is a civil power under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 for the purpose of stopping or preventing individuals engaging in anti-social behaviour. The court has to be satisfied that on the balance of probabilities an individual has engaged or threatens to engage in conduct capable of causing nuisance and annoyance in order to grant the injunction. It can be issued against an individual who is 10 years of age or over. It is issued by the County Court or High Court for over 18s and the Youth Court for under 18s. The injunction includes relevant prohibitions to get an individual to stop behaving antisocially. It can also include positive requirements to get an individual to deal with the underlying causes of their behaviour. A court can attach a power of arrest to the injunction where it is satisfied that the individual has engaged or threatened to engage in violence against other persons or where there is significant risk of harm to other persons. If there is evidence that an individual has not complied with the terms of an injunction this is a breach, which is a civil contempt of Court. For over 18s this is punishable by up to 2 years in prison and/or an unlimited fine. For under 18s this is punishable by a supervision or detention order. New Charter Group will consider taking possession proceedings against tenants who are committed for breaching an injunction. Demoted Tenancies New Charter Group can apply to the County Court for a demotion order against a tenant in accordance with the Housing Act 1988 (as amended). A demotion order ends the assured tenancy on a specified date. If the tenant remains in occupation, a new demoted assured shorthold tenancy will begin on the same date. The legal test is the tenant, a member of their household or visitor has behaved in a way which is capable of causing nuisance or annoyance or has used the premises for illegal purposes. In addition, the Court must be satisfied that it is reasonable to make the order. 11
Demoted assured shorthold tenants have limited rights and reduced security. If during the 12 month period of demotion, the tenant causes further anti-social behaviour and/or breaks any of the terms and conditions of the demoted tenancy, we can seek possession of the property. Possession Proceedings New Charter Group can apply to the County Court to recover the possession of a tenant’s home in accordance with Schedule 2 of Housing Act 1988 (as amended). There are 2 different types of possession proceedings that can be taken, those that rely on discretionary grounds and those that rely on a mandatory (absolute) ground Discretionary grounds In granting possession the Court must be satisfied that the ground for possession has been established and it is reasonable to make the order The grounds we can rely on in respect of anti-social behaviour are as follows: Ground 12 Any obligation of the tenancy (other than one related to the payment of rent) has been broken
Ground 14 The tenant of a person residing in or visiting the dwelling-house: a) has been guilty of conduct causing or likely to cause nuisance or annoyance to a person, residing, visiting or otherwise engaging in a lawful activity in the locality and/or aa) has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions, and that is directly or indirectly related to or affects those functions and/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 indictable offence committed in, or in the locality of, the dwelling house
Ground14ZA The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom
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Mandatory Ground 7A In granting possession the Court must be satisfied that the ground for possession has been established Any of the following 5 conditions can apply: 1. the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious criminal offence 2. that a court has found that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction 3. the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a breach of a criminal behavior order 4. the dwelling-house is or has been subject to a closure order 5. the tenant, or a person residing in or visiting the dwelling-house, has been convicted of breaching an abatement notice under the Environmental Act 1990. In addition conditions 1- 3 can occur in any of the following ways: In the locality of the property Outside the locality but incident is directed towards a person linked to perpetrator’s address Outside the locality but incident is directed towards a housing employee 10
Legislation and Regulation Housing Act 1988 (as amended) Housing Act 1996 (as amended) Anti-social Behaviour, Crime and Policing Act 2014 (Parts 1-6) Human Rights Act 1998 Homes and Communities Agency: Neighbourhood and Community Standard (April 2012) Home Office: Reform of anti-social behaviour powers - Statutory guidance for frontline professionals (July 2014)
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Monitoring and Delivery
11.1
New Charter Group has specific targets for measuring performance in line with recognised national and regional indicators produced by HouseMark. We use these targets to benchmark our service against other social landlords and to evaluate any areas for improvement. These targets form part of the Group’s overall Key Performance Indicator framework and are reported on in accordance with the requirements of this framework
11.2
Our Anti-Social Behaviour Strategies contain our key priorities over a 3 year period and action plans to improve service delivery. Outcomes from these action plans are 13
reported to the subsidiary boards as part of the annual neighbourhood reviews across the Group. 11.3
We also regularly monitor customer satisfaction and ask a range of questions during the closure of a case in order to ascertain how the case has been handled, if the customer is satisfied with the outcome of their case etc. Any dissatisfaction is reviewed and where necessary improvements are made to service delivery
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Related Policies and Procedures Group Customer Access Strategy (2012) Group Complaints Policy (NC-P/CE-POL-2-11) Group Data Protection Policy (2011) Group Equality and Diversity Policy (2010) Group Safeguarding Children and Adults at Risk Policy (GN-SCARPOL-1-14) Group Media Protocol (GP-GMPR-2-15) New Charter Homes Anti-Social Behaviour Strategy & Improvement Plan 2014-2017 (NCHGN-ASBSTRAT-2-14) Gedling Homes Anti-Social Behaviour Strategy & Improvement Plan 2011-2014 (GHGN-ASBSTRAT-1-11)
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Links and Best Practice GMP Hate Crime Policy (May 2104) Chartered Institute for Housing “Respect – ASB charter for housing” (2011)
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Data
Responsible Officer/s Date to GMT/ relevant committee/ individual subsidiary board (if applicable) Date to Trust Board (if applicable) Date of Equality Impact Assessment Date of Next Review
Angela Galley 4/8/15 Homes/Aksa Board 12/8/15 Gedling Board 11/8/15 25/8/15 During tenant consultation 12/5/15 August 2018
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New Charter Group Anti-Social Behaviour Procedure Statement Angela Galley Version No 1 GN-ASBPRO-1-15
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Introduction
1.1
This statement outlines New Charter Group’s procedure for dealing with complaints of anti-social behaviour and should be read in conjunction with New Charter Group Anti-Social Behaviour Policy Statement.
1.2
For the purpose of this procedure a “complainant” is the person who is making the complaint and a “complaint subject” is the person who the complaint is about.
1.3
This statement outlines:
the making of a complaint the complaint handling process support for those who are experiencing anti-social behaviour
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The Procedure Statement
2.1
Making a Complaint A complaint of anti-social behaviour can be made by: anyone who is living in one of our properties and has a right to do so owner-occupiers or private tenants in our neighbourhoods anyone who is working in our neighbourhoods or using local facilities i.e. our staff, contractors employed by us etc. partner agencies i.e. the police, the local authority We will also accept complaints where the person reporting it wishes to remain anonymous; however our response may be limited in these circumstances. New Charter Group will facilitate the easy reporting of incidents, maintain confidentiality and seek appropriate consents before releasing sensitive information in accordance with the Groups Data Protection Policy. The person making the complaint can contact us in a variety of ways. For complaints about anti-social behaviour taking place in New Charter Homes neighbourhoods the contact details are:
by telephone on 0161 331 2000 by email contact@newcharter.co.uk in person at any of our town centre Home and Community Hubs or Neighbourhood Surgeries. Location details and up to date opening hours are available on our website www.newcharterhomes.co.uk by completing a form on our website by letter to Neighbourhoods, New Charter Homes, Cavendish 249, Cavendish Street, Ashton under Lyne, OL6 7AT
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For complaints about anti-social behaviour taking place in Aksa Homes neighbourhoods the contact details are:
by telephone on 0161 331 2525 by email info@aksahomes.co.uk in person at our office or Neighbourhood Surgeries. Location details and up to date opening hours are available on our website www.aksahomes.co.uk by completing a form on our website by letter to Neighbourhood Co-ordinator, Aksa Homes, 2 Media Square, Phoenix Street, Oldham, OL1 1AN
For complaints about anti-social behaviour taking place in Gedling Homes neighbourhoods the contact details are: 2.2
by telephone on 0115 905 1515 by email enquiries@gedlinghomes.co.uk in person at our offices. Location details and up to date opening hours are available on our website www.gedlinghomes.co.uk by completing a form on our website by letter to Neighbourhoods, Gedling Homes, Gedling House, Wood Lane, Gedling, Nottingham, NG5 6LU
The Anti- Social Behaviour Complaint Handling Process New Charter Group is committed to responding early to complaints and agreeing action plans with complainants. All actions will be time targeted and complainants will be advised of any material changes or developments in their case as they arise. On receipt of a complaint, the Neighbourhood Officer will contact the complainant to arrange a mutually convenient appointment to:
discuss the issues that have been reported and the impact of the behaviour on the complainant offer advice consider if any witness support measures are necessary agree an action plan
Where appropriate and safe, we will encourage ‘self-help’ options to resolve more minor nuisance issues e.g. encouraging complainants to talk to the complaint subject, seeking to resolve the issue amicably and without recourse to the landlord New Charter Group cannot deal with complaints in isolation and the complainant needs to provide an honest account of the issues, maintain confidentiality and the integrity of any investigation and support any agreed actions. If maliciousness motivates a complaint, action may be taken against the complainant. 17
New Charter Group has a specialist team of Officers to deal with anti-social behaviour comprising of Neighbourhood Officers, Enforcement Officers and Legal Services staff. Their skills and knowledge will be maintained and developed in order to ensure the provision of an effective service. Officers will investigate the anti-social behaviour complaints as fully as possible, without pre-conceptions as to the outcome. We will seek ways of independently corroborating or refuting any allegations by interviewing other witnesses/local neighbours or requesting information from other agencies i.e. the police. New Charter Group is committed to getting services right first time, and ensuring that we accept responsibility and accountability when this does not happen. If the customer, the complainant or the complaint subject, is unhappy with the service they have received they can contact the Manager of the Officer who has been involved in their case. Customers are able to make a formal complaint about a lack of service, quality of service or the performance or behaviour of a member of staff in accordance with the Group’s Complaints Policy. Customers can find details of this policy and how to make a formal complaint on our Group website www.newcharter.co.uk. Alternatively, a complainant also has the right to request a case review where they believe no action has been taken to address their complaint(s) of anti-social behaviour by New Charter Group, any other social housing provider, local authority police force and/or any Clinical Commissioning Group i.e. health teams. This is known as the Community Trigger and these agencies have a legal duty to undertake case reviews. In accordance with statutory (legal) guidelines produced by the Home Office, there must be a locally agreed Community Trigger threshold. New Charter Group operates in 5 local authority areas of Bury, Gedling, Oldham, Manchester and Tameside. The locally agreed threshold for each authority is different. However, if, the complainant has complained to New Charter Group and/or another agency about 3 incidents of anti-social behaviour in the last 6 months and they consider there has been no action taken, they will have met the minimum threshold. Complainants who wish to request an anti-social behaviour case review can do so by contacting us as per 2.1 of this procedure statement, stating they wish to invoke the Community Trigger. 2.3
Supporting Complainants New Charter Group recognises the impact anti-social behaviour can have on complainants. Taking a stand against anti-social behaviour can be stressful and intimidating.
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The type of support we offer complainants is considered on a case by case basis, taking all known circumstances into account. We can support complainants in a number of ways by:
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discussing with the complainant how the anti-social behaviour is effecting them and any health concerns carrying out a risk assessment to identify vulnerability and appropriate support measures identifying and directing complainants to specialist agencies that can assist them providing professional witnessing to assist in the corroboration of a complaint providing additional security measures offering temporary or permanent re- housing providing an “Out of hours” telephone contact service with a team of specialist officers ensuring that complainants attending court are supported liaising with the courts to minimise any distress for witnesses and any associated risks facilitating a witness advocate service where tenants/residents who have previously been affected by anti-social behaviour provide support to others who are experiencing similar problems.
Data
Responsible Officer/s Date to GMT (if required) Date of Equality Impact Assessment Date of Next Review
Angela Galley 4/8/15 12/5/15 during tenant consultation August 2018
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