Dún Laoghaire Rathdown Antisocial Behaviour Strategy 2010 2015

COMHAIRLE CHONTAE DHÚN LAOGHAIRE-RÁTH AN DÚIN Dún Laoghaire-Rathdown County Council

Housing Department

Anti-Social Behaviour Strategy

Policies, Objectives and Strategies in Combating Anti-social Behaviour

2010-2015 Adopted 8th November 2010

Table of Contents 1.0 1.1 2.0 3.0 3.1 4.0 4.0 4.0 4.0 4.0 5.0 5.1 5.2 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 6.0 6.1 6.2 6.3 6.4 6.5 6.6 6.7 6.7.1 6.8 6.9 7.0 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 8.0 9.0 10.0 11.0 12.0

Introduction Mission Statement Policy Statement Objectives Principle Objectives Strategies An Garda Siochana / HSE Pre-tenancy Courses Housing Welfare Schools/Education Tenancy Agreement and Legislation Section 62 Housing Act 1966 (as amended) Eviction Housing (Miscellaneous Provisions) Act 1997 Section 1 Definition of Anti-social Behaviour Private Property, Ex-Local Authority dwellings Section 1 Definition of Estate Management Section 3 Excluding Orders Application for Excluding Order by Tenant Application for an Excluding Order by Local Authority Section 4 Interim Excluding Order Sections 5 to 12 Penalties for Contravening Excluding Orders Section 13 Voluntary Housing Bodies Section 14 Refusal and Deferral of Lettings Section 15 Information from other Statutory Agencies Section 16 Supplementary Welfare Allowance Scheme Section 18 Offences against Local Authority and Health Authority Officials Section 20 Squatters Section 21 Evidence in Court Policy in Implementing Legislation Policy Excluding Orders Policy Drug Dealing Policy Refusal/Deferral of a Letting Anti-social Behaviour Policy Refusal to Sale of a Dwelling Anti-social Behaviour Policy Refusal/Deferral of a Letting Failure to Provide Information Policy Refusal/Deferral of a Letting Estate Management Policy Refusal to Sale of a Dwelling Estate Management Anti-social Background Checks Policy Threats / Intimidation of Council Employees Policy Squatters Complaints Procedure Recording the Complaint Confidentiality The Complainant The Respondent Categorisation of Complaints Recording and Monitoring Investigation Case Disposal In-house Case Conference Protocols Excluding Orders Protocols Termination of Tenancies Protocols referral to Sheriff Decision Making Process Transfer Estate Management Grounds Annual Report/Performance Indicators Health and Safety Customer Service/ Appeals

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3 4 4 5 5 5 6 7 7 8 9 34 37 37 38 38 38 39 40 40 40 41 41 41 42 42 42 42 10 10 10 10 10 11 11 11 12 14 14 15 15 16 17 18 19 21 22 23 24 25 26 27 28 28 30 31

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1.0

Introduction Dún Laoghaire-Rathdown County Council Anti-Social Behaviour Strategy 2010-2015 Managing Local Authority estates in the 21st century is becoming more challenging, especially with the problem of Anti-social behaviour. Dún Laoghaire-Rathdown County Council (DLRCC) is committed to the prevention and elimination of Anti-social behaviour in its estates. To this end, the Council has adopted a very proactive approach. The Council will investigate and endeavour to resolve all complaints of Anti-social behaviour made to it. The Council has also set up Multi-Agency Panels with the Garda Siochana and the Health Service Executive to identify areas where there is a high incidence of Anti-social behaviour and to work together in solving the problems. It should be emphasised however, that the incidence of Anti-social behaviour is very low and most Council tenants are able to enjoy living in their dwellings free from any difficulties from anti-social neighbours.

An Anti-social Behaviour Section has been established in the Housing Department to implement the Council’s policy with regard to combating and preventing anti-social behaviour. The Council first introduced its Anti-Social policy in May 2003, which was adopted by the Council in March 2007.

S35 of the Housing (Miscellaneous Provisions) Act 2009, was enacted on the 1st of December 2009, by Commencement Order S.I. No. 449/09. Section 35 provides for the legislative framework and guidelines for all Local Authorities to adopt, by reserved function, an anti-social behaviour strategy for the prevention and reduction of anti-social behaviour in its housing stock. There is a requirement to adopt an Anti-social Behaviour Strategy by 30th November 2010.

In drawing up the Strategy we have had regard to the good practice guidelines issued to Housing Authorities in 2003 by the Housing Unit in conjunction with the Department of the Environment, Heritage and Local Government, and the City and County Manager’s Association. I am happy to say that there were only some minor amendments required to the Council’s existing Anti Social Policy to bring it into line with the new legislation. I am confident that this Strategy is fair and robust to assist with the Council’s five-year plan in preventing and combating anti-social behaviour within the County. The Housing Strategic Policy Committee has considered the draft Strategy at its meetings held on 17th June 2010, 16th September 2010, and at the Special meeting of the Housing Strategic Policy Committee held on 7th October 2010 to agree amendments to the Strategy. The agreed amendments have been included in the Strategy.

The Strategy has also been subject to consultation with An Garda Siochana, Health Service Executive, the Joint Policing Committee and

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other relevant agencies in accordance with S35 Housing (Miscellaneous Provisions) Act 2009.

Charles MacNamara,Director of Services 1.1

Mission Statement The Anti-social Behaviour Section’s Mission Statement is: “To investigate all complaints fairly, impartially and objectively, to provide a modern and professional service to those of our tenants, or any other persons who are victims of Anti-social Behaviour and to work towards the elimination of Anti-social Behaviour in all relevant Council estates.”

2.0

Policy Statement Dún Laoghaire-Rathdown County Council recognises that Anti-social behaviour can have an adverse effect on the quality of life of tenants of the Council. The great majority of our tenants are law-abiding and it is only a small number of tenants who are involved in this type of behaviour.

The Council also recognises that it has a responsibility to all its tenants to promote the peaceful occupation and enjoyment of our dwellings.

Accordingly, it is the policy of this Council that Anti-social behaviour will not be tolerated and the Council undertakes with its tenants that it will take proactive action to seek to prevent such behaviour by improving the effective management of our estates and where it occurs, the Council will, if necessary, use all legislative means available to it in combating such behaviour.

This policy will be implemented by achieving the principal objectives and applying the strategies detailed in this document. The Council hereby reaffirms its strong commitment to tackling this problem.

This policy interfaces with the Council’s Scheme of letting priorities, the Framework Homeless Action Plan for the Dublin Region 2010-2013, and the Traveller Accommodation Programme 2009-2013.

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3.0

Objectives

3.1

The Principal Objectives for the Anti-social Section are as follows:

o To prevent and reduce Anti-social Behaviour. o To co-ordinate services within the Council in dealing with Antisocial Behaviour. o To adopt a Multi-agency approach in dealing with Anti-social behaviour. o To promote the principles of good estate management.

To prevent, co-ordinate, adopt, promote.

The objectives are in accordance with S35 Housing (Miscellaneous Provisions) Act 2009.

These objectives will be measured on an annual basis in accordance with performance indicators, which we have developed as to how the section is functioning and will be included in the Council’s Annual Report.

4.0

Strategies The Council will endeavour to achieve these objectives by adopting the following strategies:  To continue the deployment of a dedicated Anti-social Behaviour Unit.

The Council will ensure a dedicated unit will be in place to deal with incidents of anti-social behaviour, with specially trained staff working closely with Senior Housing Management and the Legal Services Department. The Council will endeavour to avoid rotation of staff in this section as far as possible ensuring the skills and competencies are retained within the section. Staff members will be responsible for investigating complaints of a serious nature and appropriate training and advice will be available on an ongoing basis. The section will have its own budget to meet these needs. Identification of training needs will be in accordance with the Council’s PMDS system.  To continue the deployment of a dedicated Travellers Accommodation Unit.

The Council will ensure a dedicated unit is deployed to deal with the management and control of halting sites and grouped housing schemes within the County and any anti-social issues that may arise. The section comprises experienced staff who work with members of the travelling

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community on a daily basis and who assist and mediate with any disputes. The section manages eight halting sites and five grouped housing schemes within the County and has deployed CCTV on some estates to assist with the prevention and reduction of anti-social behaviour The general principles of this policy will apply to the management and control of housing schemes provided for members of the travelling community.  To reduce the number of Anti-social Complaints by 2% on an annual basis and to respond to all complaints within 5 working days and initiate an investigation within 15 working days. (as resources permit).

To facilitate a quick and efficient response to all complaints the Council has taken on a modern computerised complaints system. This system will ensure all complaints are investigated to a high standard and provide statistical information in monitoring performance.  To enforce the legislation in the most serious of cases as outlined in Section 6 of this document With a structured complaints system in place the Anti-social section can identify serious cases and react accordingly. If necessary, the Council will make use of existing legislation and institute legal proceedings which may lead to eviction or excluding orders by way of eviction and excluding order proceedings. The Council recognises that enforcement in serious cases can lead to the prevention of future anti-social behaviour within estates.  To build up closer relations with the Garda Siochana and other Agencies and to share information in dealing with Anti-social behaviour.

Multi-Agency Panels have been created linking the Council, the Health Service Executive and An Garda Siochana which meet on a regular basis as outlined below.

Garda Station Dun Laoghaire Shankill Dundrum/Blackrock HSE Area 1 Patrick’s St. Area 2 Vergemount

Unit/Team Community Gardai Community Gardai Community Gardai

Meetings Quarterly Quarterly Quarterly

Duty Team Duty Team

Quarterly Quarterly

The effect of this close co-operation will be to avoid duplication of effort between the agencies in particular cases and to continue to contribute to the successful resolution of Anti-social problems in areas that have experienced relatively high levels of such behaviour. The Antisocial Section liaises with specific units of An Garda Siochana and the HSE as required.

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 To Encourage Greater Participation in Pre-Tenancy Courses.

The Council has organised Pre-Tenancy Training Courses for all prospective tenants and attendance at these courses is a requirement. The courses are very informative and assist in the prevention of Anti-social behaviour and any breaches of the tenancy agreement. The course explains the functions of the Council and the services it provides.

Speakers representing the Gardai, MABS, the Health Service Executive and personal development (adult education) initiatives attend and outline their services. The course examines the Tenancy Agreement and explains the consequences of breaching the terms of the agreement. The obligations of tenants (e.g. payment of weekly rent, maintenance of dwellings etc.) are detailed as well as their rights with regard to service/response from the Council. The course also deals with Antisocial behaviour and the complaints system is fully detailed. Leaflets about the Anti-social section with names and contact numbers are provided.  To work in conjunction with Housing Welfare Service A Housing Welfare Officer attends the monthly in-house Anti-social case conference. The Housing Welfare Service regularly liaises with the Anti-social Section to discuss individual cases and accept referrals, where it is considered necessary. Some families who are involved in lower level Anti-social behaviour require assistance, support and linkage to other agencies/services. The Housing Welfare service provides a vital link for this purpose and the involvement of this service has reduced Anti-social behaviour emanating from some dwellings. Indeed in April 2005, this strategy was expanded by the involvement of a Housing Welfare Officer in the Anti-social Section. This is a pilot scheme, whereby the latter is deployed to work directly with families, providing assistance and linkage to other agencies. The main objective is to prevent families from participating in Anti-social behaviour. Although the position of the Housing Welfare Officer in the Anti-social Section is currently vacant and is not filled due to the current moratorium on recruitment, assistance is provided by the Housing Welfare Team, when it is required for particular cases.  To work closely with the Community Development Department The Anti-social Section liaises with this department on a regular basis, forging links with Estate Management Fora and assisting representative residents’ groups with crime prevention and Anti-social behaviour issues generally. On some estates the Anti-social Section may see the need for the establishment of a residents’/tenants’ association, Resource Centres, and will work with the Community Development Department to this end. The section is already represented on the Crime and Safety Community Group for the Loughlinstown area, an initiative created by

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the Council and An Garda Siochana to discuss and solve crime and antisocial issues within this RAPID area. The group comprises of residents, RAPID Officer, Estate Management, Anti-social Section, Drugs Task Force, and Community Gardai. This group has been successful in dealing with pressing issues within the community. The Council also employs a dedicated RAPID co-ordinator and Estate Management Officer ensuring resources are focused in the most deprived and disadvantaged areas of the County assisting residents groups in improving their communities.  To Issue Maintenance Letters for non-upkeep of property If breaches of the Tenancy Agreement in relation to non-upkeep of property come to the attention of the Anti-social Section, warning letters may be issued. This has a positive effect on the community and encourages Council tenants to maintain their dwellings to an acceptable standard. The Anti-social section maintains a database of such maintenance letters for non-upkeep of property, for follow-up, reference and statistical purposes.  To expand the Schools Initiative Programme In 2008 the Anti-social Section began a programme of visiting Local Secondary Schools in order to highlight to our younger citizens the negative affect anti-social behaviour can have on families and communities. Feedback from the Schools has been positive and the section hopes to develop a program to bring into primary schools in the future. This initiative is in compliance with the requirements of the S35(3) Housing (Miscellaneous Provisions) Act 2009 regarding education and research  To create a partnership approach with the Social Science Department of University College Dublin.

UCD is within close proximity of this Council and the Anti-social Section will endeavour to set up a link to assist Social Science students in their academic research into the cause and effect of anti-social behaviour. The section will provide data and statistics and assist in research into the prevention and reduction of anti-social behaviour.

This initiative is in compliance with the requirements of the S35(3) Housing (Miscellaneous Provisions) Act 2009 regarding education and research  To liaise with the Social Inclusion Unit in Dun Laoghaire-Rathdown County Council The section will liaise and provide statistical information to the Social Inclusion Unit on disadvantaged areas within the County and assist with new initiatives in promoting awareness of the principles of social inclusion.

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 Pre-Tenancy/Pre-Transfer Checks S15 Housing (Miscellaneous Provisions) Act 1997 allows Local Authorities to obtain information from other agencies regarding applicants who may have a history of anti-social behaviour. The Council will use this legislation to carry out checks on all social housing applicants and develop strict protocols to protect and disseminate the information  Communication A brief synopsis of this policy will be communicated to all of our tenants either by post, public meetings, pre-tenancy courses, residents meetings, estate management foras, and by the display of leaflets in all of our Council offices, including County Hall, Harbour Square, the Dundrum offices, libraries and the Council’s website www.dlrcoco.ie. Leaflets will be provided to surrounding Garda Stations and offices of the HSE for display in their public offices.  Design of dwellings and estates The Anti-social Section will assist with comments and any queries with the Construction Section and Architects Dept. to ensure all efforts will be made to ‘design out’ future infrastructural problems that could potentially contribute to anti-social behaviour. The section will also assist with liaison with the Garda Siochana’s Crime Prevention Officer regarding advice and recommendations on design problems on estates such as laneway closures, and public lighting.

Most of these strategies can be monitored and progress will be measured by the Council on an ongoing basis. Some performance indicators will be published in the Council’s Annual Report. Council tenants will increasingly realise that there is a quality service offered by Dún Laoghaire-Rathdown County Council in respect of combating Anti-social behaviour and it is anticipated that there will be a gradual downturn in complaints in the future.

5.0

Tenancy Agreement and Legislation

The Tenancy Agreement and Legislation, which form an integral part of the Strategy, are contained in Appendix 1 of the Strategy.

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6.0

Policy in implementing the legislation DLRCC is committed to investigating all complaints of Anti-social behaviour in a fair, impartial and objective manner, and will rigorously apply the legislation in all serious cases.

6.1

Excluding Orders DLRCC will apply Section 3 of the 1997 Act (Excluding Order) if practicable, in order to allow for a more targeted approach in dealing with persons engaged in Anti-social behaviour and in order to avoid if possible the eviction of an entire household. The Council will not seek an Excluding Order against a juvenile except in serious cases and where the juvenile is less than eighteen and over sixteen years. Except in exceptional circumstances, all applications for Excluding Orders will be for three years and will be in respect of the dwelling and the estate in which the dwelling from which the Anti-social behaviour is emanating is situate and any other relevant estate.

6.2

Drug Dealing DLRCC will not tolerate the manufacture, production, preparation, importation, exportation, sale, supply, or possession for the purpose of sale or supply, or distribution of a controlled drug in any of its dwellings and will immediately refer such a complaint to an in-house case conference and if the Council is satisfied that the situation warrants it, legal proceedings by way of an Excluding Order or if necessary eviction proceedings against the entire household will be considered.

6.3

Refusal/Deferral of Letting on the Grounds of Anti-social Behaviour.

DLRCC will refuse to make a letting or will defer a letting to any housing applicant where it considers the applicant has been involved in Anti-social behaviour. This will include any person proposing to reside in the dwelling. In determining this each case will be treated on an individual basis. The applicant will be fully informed of the reasons for the refusal/deferral and if the Council is satisfied that the applicant has desisted from such behaviour, and sufficient time has elapsed to substantiate this, the decision may be reconsidered. A housing applicant whose application has been refused/deferred will be notified in writing and can appeal this decision in writing within 21 days. An applicant can also apply in writing to have a decision reviewed on an annual basis. This procedure will also apply to chapter 4 tenancies once the legislation is enacted.

6.4

Refusal to Sell a Dwelling on the Grounds of Anti-social Behaviour DLRCC will refuse to sell or will defer the sale of a dwelling to a person if it considers the person is or has been involved in Anti-social behaviour. This will include any person proposing to reside in the dwelling. In determining this, each case will be considered on an individual basis. This decision may be reconsidered if the Council is

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satisfied that the person has desisted from such behaviour and sufficient time has elapsed to substantiate this. The person will be fully informed of the reasons for the refusal/deferral. The Council will also refuse consent to the sale/purchase of a dwelling if it considers that the intended purchaser is or has been engaged in Anti-social behaviour. A person/tenant applying to purchase, a tenant purchaser and/or his or her successor in title applying for consent to sell a dwelling and an applicant for consent to purchase a dwelling whose application has been refused/deferred will have the right to appeal the decision in writing within 21 days. An applicant can apply in writing to have the decision to refuse his/her application reviewed every twelve months. This section will apply to dwellings provided by the following enactments: S.90 Housing Act 1966 (tenant purchase scheme).

S3 Housing (Miscellaneous Provisions) Act 1992 (shared ownership scheme) S6 Housing (Miscellaneous Provisions) Act 2002 (affordable houses scheme) Part V Planning and Development Act Part 3 Housing (Miscellaneous Provisions) Act 2009 incremental purchase scheme Part 4 Housing (Miscellaneous Provisions) Act 2009 (tenant purchase apartment scheme) 6.5

Refusal/Deferral of a Letting on the Grounds of Failing to Provide Information Dún Laoghaire-Rathdown County Council will refuse to make a letting or will defer a letting to any housing applicant who fails to provide information requested by the Council relating to persons residing with or intended to reside with the applicant and which the Council considers necessary for the full consideration of the application. The applicant will be fully informed of the reasons for the refusal/deferral and this decision will be reviewed when the Council is satisfied that all relevant information has been disclosed.

6.6

Refusal/Deferral of Letting on the Grounds of Good Estate Management.

Dún Laoghaire-Rathdown County Council will refuse to make a letting or will defer a letting to any housing applicant where it considers there is good reason for doing so on the grounds of good estate management. In determining this, each case will be treated on an individual basis and the applicant will be fully informed of the Council’s decision. The decision may be reconsidered depending on the circumstances of the applicant or the estate. A housing applicant whose application has been refused/deferred can appeal the decision in writing within 21 days and. An applicant can apply in writing to have the decision to refuse/defer his/her application reviewed every twelve months.

This procedure will also apply to rental accommodation availability agreements or chapter 4 tenancies once the legislation is enacted.

6.7

Refusal to Sell a Dwelling on the Grounds of Good Estate Management Dún Laoghaire-Rathdown County Council will refuse to sell a dwelling to a person/tenant where it considers there is good reason for doing so on the grounds of good estate management and will also refuse consent to the

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sale/purchase of a dwelling on the same grounds. The person/tenant purchaser and the intended purchaser will be fully informed of the Council’s decision. A person/tenant applying to purchase, a tenant purchaser applying for consent to sell a dwelling and an applicant for consent to purchase a dwelling whose application has been deferred/refused will have the right to appeal the decision within 21 days. The applicant can apply in writing to have the decision to refuse his/her application reviewed on an annual basis This section also applies to dwellings provided under Part V of the Planning and Development Act 2000, and the Housing (Miscellaneous Provisions) Act 2009 once enacted.

6.7.1. Anti-social Background checks.

The decision to refuse and defer as outlined above (6.3 to 6.7) is part of the Council’s preventative strategy ensuring applicants involved in serious antisocial behaviour are not allocated a dwelling or allowed to purchase a dwelling from the Council. All applicants for Local Authority housing are informed that the Council may conduct background checks, as indicated on the housing application forms. A consent form by the applicant is also signed. The procedure is outlined below: (i).

The Council requests an anti-social background check from An Garda Siochana or other agencies if necessary in writing. Strict procedures are in place to request, record, store and retrieve and secure this information. The information is only used for the purposes of the Housing Acts 1966 to 2009. Some housing applicants from other jurisdictions may be required to submit relevant documentation regarding background checks from their local Police station. (ii).

If the applicant has a negative anti-social check or estate management issues are evident, then he/she is requested to attend County Hall for a formal interview. (iii). A decision to refuse or defer the application is made with consideration to the Council’s Policy, the history of offending, number and seriousness of offences, conduct of interview, remorse, rehabilitation and evidence of addressing problems, history of previous tenancies, suitability and capability of managing a tenancy, addiction issues if relevant, and estate management issues including housing areas to avoid. (iv). A decision to refuse/defer is made by the Senior Inspector/Authorised Person in writing quoting the relevant legislation. (v).

This decision can be appealed to the relevant Administrative Officer (Appeals Officer) in writing within 21 days. (vi) The background check is an important tool in the prevention of antisocial behaviour in our estates. The same principles are used for the sales scheme, permission to reside, transfer of tenancies, failure to disclose information, and will also be adopted for all forms of social supported housing and chapter 4 tenancies once the legislation is enacted. (vii) Each case is treated on an individual basis. All interviews are documented and the applicant is offered the interview notes for signature. (viii). Interviews are conducted in private however for Health and Safety reasons some interviews are conducted at the Housing Counter.

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(ix).

Great care will be taken during the allocation of dwellings on estate management grounds. (x).

This policy will operate in conjunction with the Council’s Allocations Policy.

Some examples of good practice in estate management and sustainable communities are outlined below regarding the allocations of dwellings: (a) The Council will avoid allocating too many members of the same family in the same estate. (b) The Council will not house previously evicted applicants in the same estate from which they were evicted. (c) The Council will be mindful of social integration in allocations of dwellings with a view to encouraging sustainable communities.

The Council is mindful of the fact that some housing types and tenures are not appropriate for some applicants due to their anti-social history.

All homeless applicants who present to the Housing Department engage with the Housing Welfare Service. The Housing Welfare Service assess and place applicants into appropriate supported temporary emergency accommodation / emergency accommodation. This is in accordance with the Framework Homeless Action Plan for the Dublin Region 2010 – 2013. The diagram below gives a brief outline of the Councils procedures regarding applicants who present as homeless.

Initial Assessment Placement and Welfare

Anti-social Garda Check

Holistic Needs / Welfare Assessment

Support Plan

Non Engagement

Advocacy Reports Evidence

Capability Previous tenancies

Review Services

Anti-social Decision Making Process

Policy Undermined

Offences Number Serious ness

Recent Old

Risks Estate Mgt.

Decision Appropriate Housing

Appeal Upheld

Appeals

Appeal Not Upheld

Review Services

Non Engagement

Diag 1.0 Outlines the deferral /refusal making procedure and interfaces with the pathway to home model and Council’s Policy on homelessness.

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The Anti Social Section liaise with the Housing Welfare Section, and make a decision in relation to appropriate move on options from homeless accommodation i.e. Private Rented Accommodation, Rental Accommodation Scheme, Chapter 4 Tenancies, Local Authority and Housing Association Social Rentals, dwellings provided through the Social Housing Leasing Initiative, and other relevant housing types.

6.8

Threats / Intimidation of Council Employees DĂşn Laoghaire-Rathdown County Council will not tolerate any assaults, threats, intimidation, obstruction, harassment or interference with its employees who are involved in the implementation of this policy in accordance with the provisions of the Housing Acts 1966 to 2009 and will consider legal proceedings against any person engaged in such activity.

Assaults against employees will be reported to An Garda Siochana.

6.9

Squatters DĂşn Laoghaire-Rathdown County Council will immediately request An Garda Siochana to assist with the removal of illegal occupiers (squatters) of dwellings who are engaging in Anti-social behaviour. A member of An Garda Siochana will be requested to direct such a person to leave the dwelling or face arrest and prosecution.

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7.0

Complaints Procedure.

7.1

Recording the Complaint: Dún Laoghaire-Rathdown County Council has a computerised complaints system to deal with complaints of Anti-social behaviour as defined by the Housing (Miscellaneous Provisions) Act, 1997 as amended. The dedicated Anti-social Behaviour Section within the Housing Department will deal with such complaints.

•

Complaints are accepted by telephone/fax or in writing and all such complaints are recorded on the system.

•

Complaints can also be made by attending the Dun Laoghaire or Dundrum Offices.

•

If staff are not available a voicemail facility or complaint forms are available.

•

Complaints can be made on line www.dlrcoco.ie however DLRCC will not be responsible for the security of information on the internet and advises more traditional methods as outlined above.

•

By Post

By Phone

Senior Inspector/Authorised Person, Anti-social Section, Housing Dept., County Hall, Marine Rd., Dun Laoghaire, Co. Dublin.

01 2054700 ext 4112 4117/4183 Fax 2801856

Complaints concerning halting sites and grouped housing schemes can be addressed to the following:

By Post

By Phone

Traveller Accommodation Unit, Housing Dept., County Hall, Marine Rd., Dun Laoghaire, Co. Dublin

Ext 4133,4437,4188

•

Complaints are dealt with by specially trained staff.

•

The person making the complaint will be known as the complainant.

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7.2

•

The person complained about will be known as the respondent.

•

The person responsible for managing the complaints and the section is the Senior Inspector/Authorised Person.

•

Complaints that do not fall within the definition of the 1997 Act as amended are usually breaches of the tenancy agreement and will be recorded on the same computerised system.

•

Some complainants will be required to attend County Hall for a written statement.

•

Anonymous complaints will be investigated only in exceptional circumstances where there is corroboration from other agencies, and at the discretion of the Anti-Social Section.

•

Procedures are in place to identify and deal appropriately with malicious complaints where they occur.

•

The complaints system is confidential and every effort will be made to protect the identity of the complainant. However confidentiality is not a right in law.

•

Confidentiality cannot be guaranteed in all cases due to the nature of the complaint.

•

Access to the complaints database is restricted and all written records involving complaints are marked private and confidential and are locked and secured.

•

If the nature of the complaint is likely to compromise the identity of the complainant an investigation will not proceed unless the latter gives authorisation to do so.

•

The Anti-social Section may call to complainant’s addresses to clarify any allegations made.

•

Having regard to the level of resources available, complaints against unidentified persons will not be investigated.

•

Each complaint is given a reference number, which will be supplied, to the complainant.

Confidentiality The Council will fully comply with the provisions of the Freedom of Information Acts, 1997-2003. Information given to the Council by

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persons complaining of Anti-social behaviour is protected by Section 23 (a) and Section 26 of the 1997 Act. Section 23 provides, inter alia, that a request for information may be refused if access to the record could reasonably be expected to:(a)

(b)

Prejudice or impair (i)

the prevention, detection or investigation of offences, the apprehension or prosecution of offenders, or the effectiveness of lawful methods, systems, plans or procedures employed for the purposes of the matters aforesaid.

(ii)

the enforcement of compliance with or administration of any law.

(iii)

lawful methods, systems, plans or procedures for ensuring the safety of the public and the safety of persons and property

reveal or lead to the revelation of the identity of a person who has given information to a public body in confidence in relation to the enforcement or administration of the civil law or any other source of such information given in confidence

Section 26 provides that a request for information shall be refused if: (a) the record concerned contains information given to the public body concerned in confidence and on the understanding that it would be treated by it as confidential (including such information as aforesaid that a person was required by law, or could have been required by the body pursuant to law, to give to the body) and, in the opinion of the head, its disclosure would be likely to prejudice the giving to the body of further similar information from the same person or other persons and it is of importance to the body that such further similar information as aforesaid should continue to be given to the body.

The complaints system will be capable of incorporating the following: 7.3

The Complainant. •

Name and address telephone number of complainant.

•

Risk Factors

•

The nature of the complaint.

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•

The date of the complaint.

•

Date and location of incident.

•

Whether the incident was reported to Gardai and other agencies.

•

Details of other evidence, CCTV, written notes etc.

•

The views of the complainant on what action should be taken.

•

A record if the complainant has given a statement.

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A record that the complainant wants to remain confidential.

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A record that the complainant will be identified and advised accordingly.

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Details of the investigating official.

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Date of first contact.

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Date investigation commences.

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Details of investigation/supervision/case disposal.

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Details of complaints that are disposed of by way of record only/advice given/verbal warnings/warning letters/legal action/referred to other agencies/dispute resolution.

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The complainants/respondents tenancy history

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Details of updating complainant usually by phone otherwise in writing.

7.4

The Respondent •

Name and address of respondent.

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Risk Factors

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Whether the respondent is an adult or juvenile.

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Date and location of first contact (home/county hall)

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Date and location of interview (home/county hall)

•

Details of other agencies involved.

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•

Name of Garda / Social Worker / NGO’s/Other Professionals if relevant.

•

Full details of investigation.

•

Details of case disposal and updates to respondent.

7.5

Categorisation of Complaints Recording and Monitoring.

•

The system will be capable of differentiating between individuals and households.

•

Differentiating between current and former tenants.

•

Differentiating between the number of cases and complaints.

•

Categorising the complaints as outlined above.

•

Automatically record when a complaint was updated, details of investigation, and action taken to combat anti-social behaviour.

•

Identifying the current status of the investigation.

•

Producing a complete history of complaints made by the complainant/respondent and against the complainant/respondent.

•

Identifying trends in anti-social behaviour.

•

Produce reports and statistics regarding incidents of anti-social behaviour for the purpose of monitoring.

•

Interface with other sections of the housing Department, which is computerised.

•

Producing template warning letters and other template documents to allow for a high volume of work.

Additional Records to be retained.

•

Transcripts of complaints of anti-social behaviour

•

Minutes of in-house anti-social case conferences.

•

Minutes of meetings with external agencies.

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•

Copies of all written correspondence regarding anti-social cases including warning letters, notices, and all relevant documentation.

•

Minutes of interviews with respondents and complainants including all relevant statements, date and time of interviews, persons present, and interviewing officers.

Details of any additional evidence gathered and location of exhibits and copies of same if relevant.

• •

The aforementioned records will be filed accordingly locked and access restricted.

•

All records on the anti-social database will be password protected with restricted access.

•

All records will be retained in accordance with the Council’s Retention Policy and the Data Protection Act.

All complaints will be categorised as high or low priority, and if necessary an investigation will be initiated within 15 working days or as resources permit.

Examples of Complaints are as follows: Category Classification Drugs 1 Violence 2 Damage to property 3 Racism 4 Threats and Intimidation 5 Noise 6 Boundary/Parking Disputes 7 Misc 8

Priority High High High High High Low Low Low

Some of these complaints will come within the definition of Anti-social behaviour as defined within the 1997 Act and some will be outside the definition but entail breaches of the Tenancy Agreement.

The complainant will be updated with the progress of the investigation.

For persistent cases a standardised form will be given to the complainant to record all details of Anti-social activity to assist with possible legal action. In these cases the complainant may be requested to attend the County Hall for a detailed interview. In addition, persons against whom persistent complaints have been received will be included in a Multi-Agency approach in conjunction with An Garda Siochana and the Health Service Executive, where this is considered appropriate.

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Noise Unreasonable noise from a dwelling is a common problem and if a resolution cannot be agreed then a complainant can make an application to the District Court for a Noise Abatement Order in accordance with S108 Environment Protection Act 1992. If the noise is significant and persistent and affects more than one neighbour it will be viewed as a breach of the tenancy agreement and the anti-social section will investigate the matter. Issues involving dogs will be recorded and referred to the Environment Department and the Dog Warden.

7.6

Investigating the Complaint: DĂşn Laoghaire- Rathdown County Council will investigate every complaint in a fair, impartial and objective manner. This may involve enquiries with other statutory agencies in accordance with section 15 of the Housing (Miscellaneous Provisions) Act 1997, and consulting other tenants/residents/ and resident committees. The Council may carry out house to house enquiries in estates to identify witnesses. In some cases the Council may deploy overt and covert CCTV systems to get evidence of the anti-social behaviour.

Juveniles will not usually be interviewed unless the case warrants it and with the permission of the parent/guardian who must be present.

The respondent may be interviewed at his/her dwelling, or in some cases at the Council offices. If the respondent fails to respond to calling cards the respondent will be notified in writing an allegation of anti-social behaviour has been received and to make contact with the Council. All allegations will be presented to the respondent and the complaints database will be updated with any comments made. The respondent will be advised that he/she may be accompanied by a friend or other representative at the interview. However it will be explained that any friend or representative present must identify themselves with their name and address and must not interfere with the interview in any way. Their presence is to facilitate any difficulties in communication between the interviewer and the interviewee. Any responses will be fully investigated and taken into account, as appropriate. In serious cases the respondent will be interviewed at County Hall. The Council will make every effort to facilitate persons with disabilities and will ensure appropriate adults/interpreters are present at the interview. The respondent will be cautioned and advised of his/her rights and notes of interview will be offered for signature. A respondent who refuses to attend for interview, or fails to respond to the Council’s questions or investigation or obstructs or impedes the Councils investigation shall be deemed to be uncooperative and the Council can draw such an inference. Any person who fails to respond to an investigation can have a complaint upheld against them. If the Anti-social Behaviour Section has reasonable grounds for believing that the respondent is involved in Anti-social behaviour or has breached his/her Tenancy Agreement the matter will be dealt with in any (or all) of the following ways:

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7.7

Case Disposal

No Further Action If the Anti-social Behaviour Section has reasonable grounds for believing that the complaint is unfounded or malicious then no further action will be taken against the respondent.

Advice Given Usually given where both parties are in the wrong and the complaint is of a trivial nature. Also used if complaints involve very young children under the age of criminal responsibility and it is more appropriate to offer advice and referral to the appropriate agencies.

Referral to Housing Welfare Service Some cases involve families with complex welfare needs, mental health issues, addiction problems, domestic violence, with clear needs for supports and assistance. These cases may be referred to the Council’s Housing Welfare Service for appropriate help and advice. The Section also makes referrals to NGO’s and Voluntary Housing Bodies regarding specialised help and supports.

Referral to other Agencies such as Gardai/Health Authority Some complaints are so serious the complainant is immediately referred to An Garda Siochana and the HSE. This usually involves complaints of drug dealing from dwellings on our estates and child protection issues. The Council’s Policy on child protection issues is also available for staff members who become aware of such incidents.

Dispute Resolution The Anti-social Section has trained mediators available to assist with neighbour disputes. This has proved successful in the past and is available for willing participants.

Verbal Warning Usually reserved for instances of first offences of a trivial nature.

First Warning letter Usually reserved for a more serious offence Second Warning letter If the behaviour persists a second warning letter is issued threatening legal action.

Referred to an In-House Case Conference Usually occurs in serious cases where the above has failed, warning letters have been ignored, or the behaviour is so serious it is considered that a warning letter would not be sufficient and it warrants an immediate referral.

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Formal Agreements Acceptable Behaviour Contracts Whereby an agreement is reached between the Local Authority and the respondent that all behaviour will cease.

Some complaints are of a serious nature i.e. drug dealing and serious violence, and these, once substantiated, will be referred immediately to an in-house Case Conference as soon as possible.

7.8

In-house Case Conference: The In-house Case Conference is held once a month or as soon as practicable and is attended by the staff of the Anti-social Behaviour Section, Housing Welfare staff and management staff in the Housing Department. In appropriate cases representatives of other agencies will be invited to attend.

Each case is discussed in detail and a collective decision is made which may include the following:

No Further Action Await investigation by other Agencies Apply for Excluding Order Terminate Tenancy by Service of Notice to Quit or other means Referred back to Senior Inspector/Authorised Person for further enquiries.

Formal Agreements/ Acceptable Behaviour Contracts If legal action is considered the respondent will be contacted in writing requesting any submissions to be made as to why the Council should not proceed with the termination of the tenancy or the application of an Excluding Order. There will be a time limit of 21 days for submissions. Any submissions received will be considered by the relevant Appeals Officer.

Legal action may be considered in cases involving drug dealing in dwellings or on the estate, and other factors will also be considered such as the number of complaints, warning letters issued, affect on victims, different types of behaviour, the views of An Garda Siochana, and the HSE. The Council will seek the assistance of An Garda Siochana in all legal cases involving Antisocial Behaviour.

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Dún Laoghaire- Rathdown County Council will adopt a very strict policy in relation to tenants/occupants involved in drug dealing from Council dwellings and will consider making an application for an Excluding Order or service of Notice to Quit.

If a decision is made that an Excluding Order should be sought, the tenant/relevant purchaser will be advised to apply to the District Court for such an order.

If the tenant/relevant purchaser, through violence, threat or fear will not apply for an Excluding Order, Dún Laoghaire-Rathdown County Council may apply for such an order after consultation with the tenant/relevant purchaser, the Health Service Executive and An Garda Siochana.

7.9

Protocols Governing Applications for Excluding Orders: 

The decision will emanate from an In-house Case Conference.



It will be in the interest of good estate management.



Due Process will always be followed.



All procedures will be fair and impartial and the respondent will be given the opportunity to make submissions in writing appealing a decision being considered.



A Manager’s Order will authorise proceedings



The HSE and Garda Siochana will be consulted.



The procedure will be in accordance with S 3 Housing (Miscellaneous Provisions) Act 1997 as amended.



The tenant(s)/relevant purchaser will be consulted in writing



The respondent will be consulted in writing



An Garda Siochana and Council Officials will give evidence



The respondent will have an opportunity to cross examine witnesses.



Duplication of effort by other agencies will be avoided i.e. (if subject to an ASBO by An Garda Siochana then Excluding Orders will not apply except in exceptional circumstances).



The Order will be for three years except in cases of less significance

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

The Order will be for the dwelling and the estate and any other relevant dwelling and estate, as the Council deems necessary.



The case will be monitored regularly at in-house case conference level and in any event on an annual basis.



The Council can apply to vary the order at any time.



Any breaches of the Order will be referred to An Garda Siochana for enforcement.



Tenancy Agreements will be amended in due course to make it a serious breach of the tenancy agreement if any person facilitates a breach of an Excluding Order.



The Council will endeavour to explore the application of an Excluding Order in all cases if practicable.

 

7.10

A media statement will generally be prepared.

These procedures will also apply to Chapter 4 tenancies and the landlord will be notified in writing of any application with a minimum 14 days notice in accordance with S25 Housing Miscellaneous Provisions) Act 2009.

Protocols governing termination of tenancies 

The decision will emanate from an in-house case conference



Due process will be followed.



The decision to terminate the tenancy will be in the interests of good estate management.



The tenant(s) will be given an opportunity to make submissions and to appeal the decision being considered.



Manager’s Order will authorise proceedings.



The preceding steps will also apply to Chapter 4 tenancy agreements except the Manager’s Order will authorise notification in writing to the landlord that the tenant has breached the tenancy agreement and the landlord shall instigate proceedings in accordance with S25 Housing Miscellaneous Provisions) Act 2009 and the Residential Tenancies Act 2004.



The HSE and An Garda Siochana will be consulted.



Termination of tenancy will be by service of Notice to Quit.

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

Other legal means will be available such as Civil Ejectment proceedings or applications directly to the Circuit Court.



All previous Notices to Quit will be rescinded.



The Notice to Quit will give a minimum 4 weeks notice.



A Demand for Possession will be served.



All notices will be served on the tenant(s) firstly by hand, if this fails by registered post, if this fails by leaving at the address.



If the tenant(s) fails to vacate the dwelling a summons will be issued and an application will be made to the District Court for possession.



This Council will adduce evidence of the anti-social behaviour under S21 of the Housing (Miscellaneous Provisions) Act 1997 whereby Council Officials and members of An Garda Siochana will give the evidence.



7.11

The respondents will have an opportunity to cross examine witnesses.

Protocols governing referral to the Sheriff and Eviction 

Once the Council obtains a warrant for Possession a pre-eviction case inhouse conference will be arranged.



A decision will be made at this in-house case conference to consider if the eviction will be carried out.



Consideration will be given to ongoing complaints, the seriousness of the history, the effect on the community, and other relevant factors.



If the decision is to evict then the matter will be referred to the Sheriff for the warrant to be executed.



This decision will be authorised by Managers’s Order.



A media statement will usually be prepared.



The HSE and An Garda Siochana will be consulted.



The Council’s Welfare Team and homeless services will be consulted.



The Senior Inspector/Authorised Person will organise the eviction and liaise with the Sheriff and An Garda Siochana.

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

Members of the Anti-social Section will attend the eviction.



Protective clothing will be available on Health and Safety grounds.



A risk assessment will be conducted in all cases.



Once the eviction is carried out the dwelling will immediately be boarded up.



All dwellings subject to repossession whether by surrender or eviction will be flagged up to ensure anti-social families do not get allocated the dwelling.



Tenants evicted for anti-social behaviour can apply to join the Council’s Housing waiting list but will not be allocated another dwelling unless the Council is satisfied that they have addressed the issues that contributed to the anti-social behaviour.



In the interim the Council’s Welfare Team and homeless service will work with the family to ensure they have rehabilitated accordingly.

8.0

Decision Making Process As outlined below the Senior Inspector/Authorised Person will be responsible for the decision making process up to and including the issue of warning letters and thereafter legal action will only be considered at the level of an In-house Case Conference.

Anti-social Section

In-house Case Conference

No Further Action Advice Given Referral to Housing Welfare Referral to other agencies Dispute Resolution Verbal Warning First Warning Letter Second Warning Letter Referred to In-house Case Conference Formal Agreements/Acceptable Behaviour Contracts No Further Action Awaits Investigation by other agencies Excluding Order Notice to Quit /Repossession proceedings Referred back to Senior Inspector/Authorised Person for further enquiries Formal Agreements/Acceptable Behaviour Contracts

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9.0

Transfer on the grounds of good estate management

Requests to transfer on the grounds of good estate management will be considered only in exceptional cases whereby there is serious threat to life or a threat of serious damage to property. The behaviour has to be significant and persistent and any relocation has to be in the interests of good estate management. These cases are rare to say the least.

The following conditions will apply: *

The request will be investigated by the Anti-social Section.

*

A Garda report supporting the move will usually be sought.

*

The Senior Inspector/Authorised Person will make a recommendation.

*

If the request is refused the applicant will be notified in writing with leave to appeal.

*

If the request is approved great care will be taken in the allocation of the new dwelling.

10.0

Annual Report Performance Indicators

The Anti-social Section will publish the following information in the Council’s Annual Report: Number of Anti-social cases received Number of Warning letters issued Number of Notices to Quit served Number of Warrants for Possession granted in Court Number of Excluding Orders Obtained.

Number of repossessions/evictions for Anti-social behaviour Number of dwellings surrendered in lieu of legal action

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250 200 150 cases

100 50

Year 2003 2004 2005 2006 2007 2008 2009

ASB Cases 243 156 149 118 101 71 72

%+36%4.5%20.8%14.4%29%1.4%+

0 2003

2004

2005

2006

2007

2008

Fig 2. Outlines the number of anti-social behaviour cases.

Notices to Quit

2003 2004

15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 0

2005 2006

Year 2003 2004 2005 2006 2007 2008 2009

NTQ 3 3 12 9 6 3 4

2007 1

2008

2003 to 2009

2009

Fig 3. Outlines the number of NTQ’s served for anti-social behaviour.

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Excluding Orders

15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 0

2003

Year

2004

2003 2004 2005 2006 2007 2008 2009

2005 2006 2007

Excluding Orders 0 2 1 5 2 6 2

2008

1 2003 to 2009

2009

Fig 4. Outlines the number of Excluding Orders obtained.

Evictions carried out

2003 2004

15 14 13 12 11 10 9 8 7 6 5 4 3 2 1 0

2005 2006

Year 2003 2004 2005 2006 2007 2008 2009

Evictions 0 3 3 2 2 4 3

2007 2008 1

2009

2003 to 2009

Fig 5. Outlines the number of evictions carried out.

11.0

Health and Safety of Staff

Staff who work in this area are at times exposed to violence and aggression and therefore health and safety issues can be a concern. In order to ensure, as far as practicable, the health and safety of the staff the following strategies have been adopted within the section ď ą

Training is provided such as anger management courses, interviewing skills, interpersonal communication, mediation skills, and first aid.

ď ą

Protective clothing is provided.

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

Staff will generally operate in twos for safety reasons.



The assistance of An Garda Siochana will be called upon in some cases.



Violent offenders will be requested to attend County Hall for interview where the environment is safe and secure.



Counselling and medical assistance is available to staff if required.

The Council’s PMDS scheme monitors the training needs and personal development of staff and meets on a monthly basis.





Rotation of staff in this section is kept to a minimum, as far as possible, ensuring key skills and competencies remain within the section.



Risk assessments are regularly taken on specific complaints and before callouts are initiated.



Duty states are utilised documenting all calls and whereabouts of officials.



Training manuals are available for staff in dealing with Anti-social Behaviour.



Staff have availed of specific courses in dealing with Anti-social behaviour.

Staff are encouraged to contribute their views in any new ways in dealing with anti-social behaviour.

12.0

Customer Service Appeals

Dún Laoghaire-Rathdown County Council is committed to providing a quality service to its tenants and the public. The Anti-social section will continue to advise the public and its tenants of significant changes in legislation or in the Council’s policies in dealing with Anti-social behaviour. The Council will continue to meet tenants, resident associations and estate management fora on a regular basis and will actively advertise its services and the assistance it can provide in improving the quality of life on all the Council’s estates.

A quality control system is present to ensure the procedures and investigation process carried out by the Anti-social Section is objective and conducted in a fair manner. The Council will arrange for an independent external audit to be carried out each year to examine objectively the process / decision making of a representative sample of antisocial cases. This is to ensure actions taken by the Section are in accordance with this Strategy and that appropriate follow-up action has been taken.

A nominated officer of at least Administrative Officer Grade will also have the responsibility of arbitrating with tenants/relevant purchasers and all of our customers if they are not satisfied with the results of any investigation or by the work and procedures of the Anti-social Section.

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This officer is also the Appeals Officer and will deal with any appeals regarding procedures in this Policy, including refusals/deferrals of lettings. The Council’s Corporate Complaints Procedure is also available to persons who are not satisfied with the service provided by the Anti-social Section. All staff are trained in the principles of good customer care and the section makes every effort to conduct its duties to the highest standard and best practice.

Any complaints/appeals against the Section can be addressed to: Administrative Officer, Anti-social Section, Housing Department, Dún Laoghaire-Rathdown County Council, County Hall, Marine Road, Dun Laoghaire, Co. Dublin.

Finally, the Council’s complaints and appeals procedures described above do not affect a person’s right to have his/her complaint reviewed by the Office of the Ombudsman.

Any person who is unhappy with the way his/her complaint, application for housing or appeal has been handled by the County Council can refer it to the Office of the Ombudsman at:

Office of the Ombudsman, 18 Lr. Leeson Street, Dublin 2.

Tel: 01 6395600 E-mail: ombudsman@ombudsman.gov.ie

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Appendix 1 of Anti-Social Behaviour Strategy 2010-2015

5.0

Tenancy Agreement and Legislation

Tenancy Agreement Every Local Authority tenant signs a tenancy agreement when allocated a dwelling.

The tenancy agreement as outlined below contains a set of rules regarding anti-social behaviour and breaches of some of these rules are considered serious and will be investigated by the Anti-social Section. Every tenant is supplied with a tenant’s handbook, which outlines the tenant’s obligations with respect to the tenancy agreement, and this is further explained for new tenants at Pre-tenancy courses. .

Terms and Conditions concerning Anti-social behaviour contained in the tenancy agreement.

SECTION D

17.

CONDUCT OF TENANTS /ANTI-SOCIAL BEHAVIOUR

(a)

Neither the tenant nor any member of his/her household or any household or any subtenant or visitor shall cause any nuisance or be guilty of or permit any conduct likely to cause annoyance or disturbance to any neighbours, their children or visitors or Council staff as more particularly outlined in paragraph 20 hereunder.

(b)

The term “neighbours” in this Agreement means persons living or working in the vicinity of the tenant’s dwelling.

(c)

For the purposes of this Agreement the phrase “nuisance, annoyance or disturbance” shall include the use by the tenant of the dwelling for the commission of a criminal offence and without prejudice to the generality of this expression shall include all or any of the following:(i)

harassment;

(ii)

violence or threats of violence against the person or property;

(iii)

threats, abuse or harassment of any kind or any act or omission causing disturbance, discomfort or inconvenience;

(iv)

obstructions of any of the common areas, doorways and other exits and entrances in the block and in the estate;

(v)

making an unreasonably loud noise by shouting, screaming, playing any musical instruments or sound reproduction equipment (including television, radio and hi-fi) or using other machinery;

(vi)

any act or omission, which creates a danger to the well-being of any neighbour or to his/her belongings.

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(vii)

The tenant must not, at any time, invite or allow to remain on any part of the dwelling or garden, any persons in respect of whom the Council has notified the tenant that they should not enter or remain on the property. (viii) A tenant evicted for a breach of this condition or part of it or any condition will be deemed for the purpose of rehousing to have deliberately rendered himself/herself homeless within the meaning of Section 11 (2)(b) of the Housing Act, 1988 and may not be provided with another home by the Council until such time as the Council is satisfied that the evicted tenant and his/her family are capable of living and are agreeable to live in the community without causing a further breach of this condition or any other condition of this agreement. (ix)

(x)

(xi) (xii)

The unlawful possession, cultivation use and or supply of a controlled substance within the meaning of the Misuse of Drugs Act, 1977 as amended.

Knowingly permitting a person against whom an excluding order under S3 Housing (Miscellaneous Provisions) Act 1997 is in force in respect of a dwelling concerned, to enter that dwelling Where the Council deems anti-social behaviour is or has been emanating from the address the consent to purchase the dwelling may be withdrawn.

Where the Council deems anti-social behaviour is or has been emanating from the address the consent to transfer may be withdrawn.

The last three conditions will form part of the new amendments to tenancy agreements in accordance with Schedule 3 S(29) Housing (Miscellaneous Provisions) Act 2009.

Legislation The legislation available to Dún Laoghaire-Rathdown County Council in dealing with anti–social behaviour is as follows: 5.1

Section 62, Housing Act 1966 (as amended) provides that: “62.(1) In case, (a) there is no tenancy in(i) a dwelling provided by a housing authority under this Act (ii) any building or part of a building of which the authority are the owner and which is required by them for the purposes of this Act, or (iii) a dwelling of which the National Building Agency Limited is the owner, whether by reason of the termination of the tenancy or otherwise, and (b)

(c)

there is an occupier of the dwelling or building or any part thereof who neglects or refuses to deliver up possession of the dwelling or building or part thereof on a demand being made therefore by the authority or Agency, as the case may be, and there is a statement in the demand of the intention of the authority or Agency to make application under this subsection in the event of the requirements of the demand not being complied with,

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the authority or Agency may (without prejudice to any other method of recovering possession) apply to the justice of the District Court having jurisdiction in the District Court district in which the dwelling or building is situate for the issue of a warrant under this section.

(2) Where(a)

(b) (c)

the rent of any dwelling let by a housing authority under this Act or by the National Building Agency Limited either on a monthly tenancy or on a tenancy for a less period than a month, is in arrears for a period of not less than one month, and the dwelling is, in the opinion of the authority or the Agency, as the case may be, abandoned by the person to whom it was let, and the dwelling is not actually occupied by any person,

the authority or the Agency may give to the person to whom the dwelling was so let notice, being of not less duration than which would be required to terminate the tenancy by notice to quit, of their intention to resume possession of the dwelling and in case notice is duly given under this subsection and if, but only if, at the expiration of the notice the said rent in arrears is unpaid, the authority or Agency may resume possession of the dwelling and thereupon the tenancy therein shall by virtue of this subsection terminate.

(3) Upon the hearing of an application duly made under subsection (1) of this section, the justice of the District Court hearing the application shall, in case he is satisfied that the demand mentioned in the said subsection (1) has been duly made, issue the warrant.

(4) The provisions of sections 86. 87, and 88 of the Act of 1860 (subject, in the case of the said section 86, to the substitution of “one month” for “to be therein named, and not less than seven or more than fourteen clear days from the date of such warrant” and the substitution of “eight in the morning and eight in the afternoon” for “nine in the morning and four in the afternoon”)* shall apply in respect of the issue of a warrant under this section subject to the modification that where as respects an application under subsection (1) the name of the occupier of a dwelling or building or part thereof cannot by reasonable enquiry be ascertained, a summons under the said section 86 may be addressed to “the occupier” without naming him, and the warrant when so issued shall have the same effect as a warrant under the said section 86.

(5) In any proceedings for the recovery of possession of a dwelling or building or part thereof mentioned in subsection (1) of this section, a document purporting to be the relevant tenancy agreement produced by the body by whom the proceedings are brought shall be prima facie evidence of the agreement and it shall not be necessary to prove any signature on the document and in case there is no tenancy in the premises to which the proceedings relate by reason of the termination of a tenancy by notice to quit and the person to whom such notice was given is the person against whom the proceedings are brought, the following additional provisions shall apply:

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(a) any demand or requirement contained in such notice that the person deliver up possession of the said premises to the authority or the Agency, shall be sufficient demand for the purposes of paragraph (b) of the said subsection (1); and, (b) any statement in the said notice of the intention of the authority or the Agency to make application under subsection (1) of this section in respect of the premises shall be a sufficient statement for the purposes of paragraph (c) of the said subsection (1).

(6) Nothing in the Landlord and Tenants Acts, 1935 and 1958, or the Rent Restrictions Act, 1960, shall be deemed to affect the provisions of this Act relating to the obtaining of possession of a dwelling or building or part thereof mentioned in subsection (1) of this section.

(7) If in a case in which there is no tenancy in a dwelling provided by a housing authority under this Act, a person makes entry into the dwelling, or uses it for human habitation, without the consent of the housing authority, such person shall be guilty of an offence and shall be liable on summary conviction to an fine not exceeding ÂŁ1,000**, or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both such fine and imprisonment, provided that this subsection shall not apply to a person who, at the time when the tenancy last created in the dwelling was terminated or otherwise ceased to exist, was ordinarily resident in the dwelling or to a person making an entry into the dwelling for the purposes of normal social relations with such persons or to a person making an entry into the dwelling (but not using it for human habitation) in the course of his ordinary business, profession, vocation or trade. * **

Amended by s.13, Housing Act, 1970 Inserted by s.13, Housing Act, 1970, amended by s.33, Housing (Miscellaneous Provisions) Act, 1992 This legislation enables DĂşn Laoghaire-Rathdown County Council to repossess a Council rented dwelling, including dwellings provided for members of the travelling community such as halting sites, and grouped housing schemes. The procedure involves the service of a Notice to Quit, which determines the tenancy and contains the minimum statutory period of 28 days notice to the tenant. This is followed by a Demand for Possession, which notifies the former tenant that in the event of refusal of possession, an application for a Warrant for Possession will be made to the District Court.

The Council is not required under this legislation to provide evidence of the behaviour that has led to the decision of the Council to determine the tenancy. The Council only has to provide proof that it has followed the statutory procedures in seeking the Warrant.

However, under Section 21 of the Housing (Miscellaneous Provisions) Act 1997 evidence of Anti-social behaviour can be accepted by the District

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Court from Gardai, the Council and Health Service Executive officials where other possible witnesses are not in a position to give evidence due to intimidation. This can also apply to proceedings under the Housing Act, 1966.

Regarding Section 62 proceedings involving Anti-social behaviour DĂşn Laoghaire-Rathdown County Council will endeavour to present evidence of Anti-social behaviour before the Courts. The Council has other legislation available to recover possession such as Civil Ejectment proceedings, S14 Conveyancing Act 1881, and by way of Landlord and Tenant Civil Bill in the Circuit Court. The Council reserves the right to utilise this legislation as an alternative in serious cases of anti-social behaviour or serious breaches of the tenancy agreement.

5.2

Housing (Miscellaneous Provisions) Act 1997 (as amended by S34, 35, 36 Housing (Traveller Accommodation) Act 1998, and S.197 Residential Tenancies Act 2004 and Schedule 2 Part 5 Housing (Miscellaneous Provisions) Act 2009).

Section 1 of this Act as amended defines Anti-social behaviour as either or both of the following: (a)

the manufacture, production, preparation, importation, exportation, sale, supply, possession for the purposes of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts, 1977 and 1984),

(b)

any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, alarm, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000, or a housing estate in which the house is situate and without prejudice to the foregoing includes (i) violence, threats, intimidation, coercion, harassment or serious obstruction of any person.(ii)Behaviour which causes any significant or persistent impairment of a persons use or enjoyment of his or her home, or (iii) damage to or defacement by writing or other marks of any property , including a person’s home.

Possession of illegal drugs solely for personal use does not come within this definition however it is a breach of the tenancy agreement. The Housing (Miscellaneous Provisions) Act 2009 widens the powers to include acts of vandalism such as graffiti and criminal damage to property. Serious violence and intimidation is frequently associated with drug dealing and must for the purposes of this Act involve significant or persistent danger, injury, damage etc. to persons. The definition does not include noise (see 7.5) and nuisance or other activities, which would not normally be associated with the serious problems towards which the Act is targeted. However these lesser activities

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could represent breaches of the Tenancy Agreement and if this is the case legal proceedings under current legislation including section 62 of the Housing Act 1966 can be considered.

Private property is beyond the scope of the Act. However Section 197 of the Residential Tenancies Act 2004 amends the Housing (Miscellaneous Provisions) Act 1997 by extending Local Authority powers to obtain Excluding Orders in respect of tenant purchase dwellings. This applies only to Local Authority estates where there is at least one dwelling under the control of the Local Authority. In these circumstances Excluding Orders can be obtained against any person frequenting the dwelling involved in Anti-social behaviour, other than the Relevant Purchasers of said dwelling.

The Housing (Miscellaneous Provisions) Act 2009 has provided for wider powers for Local Authorities to have a management and control function over dwellings that are the subject of a rental accommodation availability agreement and ‘chapter 4 ‘ tenancies under Chapter 4 of the act. These will be dwellings provided to the Local Authority by private landlords for long term letting to applicants in need of social housing. These dwellings will be subject to Excluding Order legislation and Councils will have an extra provision of notifying the landlord to initiate eviction proceedings on the grounds of antisocial behaviour by the tenant. The eviction and excluding order procedures outlined in this policy will also apply to these dwellings.

5.3

Cases of Domestic Violence do not come within the scope of this Act. The Domestic Violence Act 2001 is the appropriate legislation for such cases. An Garda Siochana and the Health Service Executive are the statutory agencies responsible to deal with incidents of such nature and offer advice and support and assist with enforcement. However, the Council’s Housing Welfare Service is available for further advice and support regarding housing issues surrounding domestic violence.

5.4

Section 1 also defines Estate Management as: (a) the securing or promotion of the interests of any tenants, lessees, owners or occupiers, whether individually or generally, in the enjoyment of any house, building, or land provided by a housing authority under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000, (b) the avoidance, prevention or abatement of Anti-social behaviour in any housing estate in which is situate a house provided by a housing authority under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000.

5.5.

Section 3 Excluding Orders This deals with the application for Excluding Orders by a tenant/relevant purchaser or by a Local Authority. The legislation is designed to have a more targeted response to Anti-social behaviour whereby the specific offenders are

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dealt with thus avoiding the eviction of the entire household. In all cases every effort will be made by DĂşn Laoghaire-Rathdown County Council to pursue the option of seeking an Excluding Order before considering the eviction of the entire household. If granted, an Excluding Order can prohibit the respondent from entering the relevant dwelling or the entire estate for a period up to three years. An Excluding Order can also prohibit a respondent from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the tenant or other occupant of the dwelling concerned. S34, 35, and 36 of the Housing (Traveller Accommodation) Act 1998 amends the Housing (Miscellaneous Provisions) Act 1997 and allows for Excluding Order legislation to be extended to sites provided for members of the travelling community. The Traveller Accommodation Unit are responsible for these applications and their procedures and preventative measures regarding anti-social behaviour are contained in The Traveller Accommodation Programme 2009-2013.

5.6.

Application for an Excluding Order by a Tenant Under Section 3 a Council tenant has the right to apply to the District Court for an Excluding Order against a person including a joint tenant who is engaged in Anti-social behaviour. The tenant can only apply for an order relating to his/her dwelling. The procedure is as follows:

(i) The applicant attends the District Court and requests four copies of the

application form for the excluding order. (ii) The District Court clerk will allocate a Court date for the applicant usually four

weeks from the initial request. (iii) The applicant must fill out the application form and send one copy by

registered post to the Council, one copy to the respondent, one copy is retained by the applicant and one copy is for the Court. (iv) The applicant then returns to the District Court and lodges the application with

registered records of postage. (v) Where the respondent has already left the dwelling, the applicant must serve the

notice on the respondent. (vi) There is a nominal fee (stamp duty) for such an application (vii) Applicants are advised to seek independent legal advice.

DĂşn Laoghaire-Rathdown County Council may advise and assist any of its tenants who wish to make an application for an Excluding Order. The same procedure is applicable to a Relevant Purchaser of an Ex-Local Authority dwelling.

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5.7.

Application for an Excluding Order by a Local Authority Dún Laoghaire-Rathdown County Council has the power to seek an Excluding Order provided that the following criteria are fulfilled. (i) The respondent is engaged in Anti-social behaviour (ii) The tenant/relevant purchaser and Health Service Executive are consulted (iii) The Council believes the tenant/relevant purchaser may be deterred from

applying for an Excluding Order by violence, threat or fear. (iv) The tenant/relevant purchaser does not intend, for whatever other reason,

to make such an application. (v) It is in the interests of good estate management.

The express agreement of the tenant/relevant purchaser in such cases is not necessary. It is important to note that a Local Authority cannot apply for an Excluding Order against a tenant/relevant purchaser. .

5.8.

Section 4 The Court may make an Interim Excluding Order where there is immediate risk of significant harm to a tenant/relevant purchaser or other occupant pending determination of an application for an Excluding Order.

This section also deals with ex parte hearings in exceptional cases.

5.9.

Sections 5 to 12 These sections contain necessary supporting provisions for the operation of the excluding order procedure, including offences for contravening such orders, appeals and Court jurisdiction.

Section 5 (1) A respondent who contravenes an excluding order or an interim excluding order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 (€1,950) or, at the discretion of the Court to imprisonment for a term not exceeding 12 months, or both.

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Section 12 (1) Where a member of the Garda Siochana has reasonable cause for believing that, in respect of an order under this Act, an offence is being or has been committed under section 5, the member may, on complaint being made to him or her by the tenant/relevant purchaser or the housing authority, arrest the respondent concerned without warrant.

Section 12 (2) For the purpose of arresting a respondent under subsection (1) a member of the Garda Siochana may enter (if need be by use of reasonable force) and search any place (including a dwelling) where the respondent is or where the member, with reasonable cause, suspects the respondent to be.

5.10.

Section 13 This section provides for the application of the Excluding Order procedure in sections 3 to 12 to houses provided by voluntary housing bodies approved for the purposes of Section 6 of the Housing (Miscellaneous Provisions) Act 1992.

5.11.

Section 14 This section empowers DĂşn Laoghaire-Rathdown County Council to refuse or defer a letting of a dwelling, or to refuse an application from a tenant to purchase a dwelling, where the applicant is or has been involved in Anti-social behaviour or where the letting or sale would not be in the interest of good estate management. The power to refuse lettings also extends to applicants who fail to provide necessary information to the housing authority. A housing authority may also refuse consent to the resale of a tenant purchase dwelling to a person involved in Anti-social behaviour or on grounds of good estate management where the consent of the authority to the resale is required.

S. 197 of the Residential Tenancies Act 2004 contains an amendment to this section of the Housing (Miscellaneous Provisions) Act 1997 and gives more powers to Housing Authorities to refuse the sale of a dwelling provided by Part V of the Planning and Development Act 2000 (Affordable Housing), if the Housing Authority considers the applicant is/or has been involved in Antisocial behaviour.

5.12.

Section 15 This section allows DĂşn Laoghaire-Rathdown County Council to apply to other housing authorities or statutory agencies for information in relation to any person seeking a house from the authority or residing or proposing to reside at a house provided by the authority or whom the authority considers may be or may have been engaged in Anti-social behaviour and, notwithstanding anything contained in any enactment, such other housing

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authority or statutory agency may provide the information. (Also includes dwellings subject to a rental accommodation availability agreement).

5.13.

Section 16 This section amends the Social Welfare Acts to enable Health Authorities to refuse or withdraw rent or mortgage interest supplement for private housing under the supplementary welfare allowance scheme where persons, otherwise eligible, have been evicted, excluded, or removed from, or refused local authority housing.

5.14.

Section 18 This section creates a specific offence of intimidation against local authority officials, health authority officials, any member of their family, or any person who provides evidence under Section 62 of the Housing Act 1966 or the 1997 Act. A person who causes or attempts to cause any threat, intimidation or harassment, coerces, obstructs, impedes or interferes with, an officer or employee of a housing authority or a health board or a member of the family of such officer or employee or any person who provides or is to provide evidence in any proceedings under Section 62 of the Housing Act 1966 or this Act shall be guilty of an offence.

Penalty - ÂŁ1500 (â‚Ź1,905) fine, 12 months imprisonment or both.

5.15.

Section 20 This section deals exclusively with squatters. It provides a new power to the Garda Siochana to remove squatters who are engaging or have engaged in Anti-social behaviour from Council houses. It empowers the Garda Siochana on notification by the housing authority to direct any illegal occupant of a local authority house engaged in Anti-social behaviour to leave the house.

Any person who fails to comply is liable to arrest. There are also powers of search and entry available to the Gardai.

5.16.

Section 21

Where in any proceedings under Section 62 of the Housing Act 1966 or Sections 3, 4, or 9 of the 1997 Act a member of the Garda Siochana or an officer of a housing authority or a health authority states that he or she believes that a person is or has been engaged in Anti-social behaviour, if the Court is satisfied that there are reasonable grounds for such belief and that another person would be deterred or prevented by violence, threat, or fear from providing evidence in that regard, the statement shall be evidence of such Anti-social behaviour.

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