South Lanarkshire Council

Anti Social Behaviour Policy

Consultative Draft –March 2013

Content Page

1)Background3

2)Objectives of Policy4

3)Scope of the Policy4

4)Our Services6

5)Service Standards9

6)Appeals10

7)Equal Opportunities10

8)Monitoring and Review11

1.Background

1.1The Anti Social Behaviour Policy is closely and clearly aligned with the South Lanarkshire Anti Social Behaviour Strategy and aims to ensure that the work of the Council is consistent with achievement of the strategic outcomes.

1.2The South Lanarkshire Anti Social Behaviour Strategy details the approach which we along with our partners will take, to address anti social behaviour. The strategy emphasises the breadth of ways in which we address anti social behaviourand sets 4 strategic outcomes. These are:-

  • Safe and attractive communities in which people want to live;
  • A reduction in the impact which anti social behaviour has on peoples’ lives;
  • Enhanced quality of advice, assistance and support for victims of anti social behaviour and other service users;
  • Local communities have an effective input into the development and implementation of the strategy and local action planning;

1.3This policy sets out the Council’s approach to dealing with anti social behaviour and specifically details arrangements for managing incidences of anti social behaviour which we have identified or are reported to us.

1.4Within the Council, Housing and Technical Resources have lead responsibility for dealing with anti social behaviour. Our approach is based upon “problem solving”. This multi agency approach facilitates effective joint working to tackle anti social behaviour.

1.5The Problem Solving approach involves bringing a wide range of agencies together (including the Council, the Police, Fire and Rescue, Criminal Justice, the Health Board(s) and agencies involved in delivering diversionary activities) to share information and consider how best to tackle anti social behaviour. Effective joint working between agencies is key to tackling anti social behaviour. The commitment to partnership working is firmly embedded in our problem solving approach.

1. 6We deal with complaints of anti social behaviour from across the whole of South Lanarkshire, and in all instances will attempt to prevent anti social behaviour occurring.We will work with other landlords, including private sector landlords, to tackle anti social behaviour. Where prevention is not possible we will work to identify the most appropriate resolution. When considering the actions we will take, the interests of those affected by anti social behaviour will be our central concern.

1.7The way in which we will deal with anti social behaviour will be appropriate and proportionate to the challenges it poses. We are clear however that where necessary we will take strong and effective enforcement action to protect the interests of victims and the wider community.

1.8This policy is effective from xxx 2013 and replaces all previous policies.

2.Objectives of Policy

2.1To achieve the strategic outcomesdetailed at 1.2above, the policy has the following objectives: -

Prevention / We will work to prevent anti social behaviour from happening, in partnership with other agencies where appropriate
Intervention / We will put measures in place that will help us intervene early to deal with problems as soon as they happen.
Enforcement / We will take appropriate and proportionate enforcement action to deal with anti social behaviour.
Rehabilitation / We will work to ensure that people responsible for anti social behaviour do not continue with this type of behaviour or we will work to reduce the incidence of people responsible for anti social behaviour, continuing with this type of behaviour.

2.2Community engagement, involvement and feedback are central to achieving all of our objectives.

2.3Section8of the policy details arrangements for monitoring progress in achieving our objectives.

3.Scope of the Policy

3.1Our policy is based upon the definition of anti-social behaviour, set out in the Antisocial Behaviour etc. (Scotland) Act 2004, which defines anti-social behaviour as: -

“A person (“A”) engages in antisocial behaviour if A-

a)Acts in a manner that causes or is likely to cause alarm or distress; or

b)Pursues a course of conduct that causes or is likely to cause alarm or distress, to at least one person who is not of the same household as A; and “antisocial behaviour” shall be construed accordingly.”

3.2In dealing with anti social behaviour we will be sensitive to the perceptions and feelings of people involved about the conduct they have been experiencing. It is therefore essential that in dealing with anti-social behaviour we achieve the flexibility of approach necessary to take account of the specific nature of the incident or events.

3.3The Council aims to address the problem of drug offences committed in or in the locality of Council properties. The consequences for Council tenants convicted of offences under the Misuse of Drugs Act 1971 in such circumstances would be:-

Action to recover possession will always be taken following conviction for the following offences:

  • Section 5(3) (possession of a controlled drug with intent to supply)
  • Section 4(3)(a) (supply of a controlled drug)
  • Section 4(3)(b) (being concerned in the supply of a controlled drug)

Eviction Proceedings will usually be taken following conviction for the following offences:

  • Section 4(2)(a) (production of a controlled drug)

Convictions for other offences under the Misuse of Drugs Act 1971, including possession, and other criminal offences committed at or within the locality of a Council tenancy may also lead to eviction proceedings.

3.4The policy is also consistent with all relevant regulatory requirements including those set out in the monitoring framework for landlord and homelessness services by the Scottish Housing Regulator.

4.Our Services

4.Our Services

4.1Problem Solving Unit

There is a dedicated Joint Problem Solving Unit which is responsible for supporting 6 local Problem Solving Groups and the coordination of the overall approach.The unit analyses trends in anti social behaviour and provides a range of information to inform the action of local problem solving groups.

In addition, the Unit promotes the availability and access to anti social behaviour services and co-ordinates consultation with the community to obtain feedback on the anti social behaviour issues which concern them in order to help direct and plan services.

4.2Mediation Service

The Council’s in-house Mediation Service provides an impartial and confidential assistance to help resolve difficulties between neighbours and family members. This service is available free to all residents of South Lanarkshire regardless of their tenure, and referrals can be made by an officer of the council, a partner agency such as the police or directly by members of the public by self referral.

4.3Area Housing Offices

Locally based Officers, predominantly Housing Officers and Q & A staff, provide the first point of contact by phone, email or in person for residents who wish to make a complaint of anti social behaviour or are being affected by a neighbour dispute. AdditionallyArea Service staff proactively work within housing areas to identify and address potential issues before they become problems.

Area Services work with other agencies and Resources to ensure that residents are provided with the highest possible quality of service.

Area Services will:-

  • receive and acknowledge complaints of anti social behaviour;
  • investigate complaints;
  • take all necessary steps to ensure that SLC tenants adhere to their tenancy obligations;
  • act to ensure that owner occupiers and other residents within council housing areas adhere to legislative requirements;
  • provide comprehensive advice to residents and service users regarding their rights and responsibilities and the standards of service they can expect to receive;
  • identify resolutions and progress any necessary enforcement action

4.4 Community Wardens

The Community Warden Service provides a high profile Council presence in designated areaswhich have been identified through assessment of patterns of crime and anti social behaviour in South Lanarkshire.

The areas within which the Wardens operate are reviewed on a regular basis to ensure the service remains targeted at those areas which are most in need.

The Wardens carry out routine patrols within designated areas in order to:-

  • Promote community safety
  • Help reduce the fear of crime
  • Identifying environmental and repair issues which require to be addressed (eg graffiti, fly tipping)
  • Engage with local residents to help promote community relations

4.5Anti Social Investigation Team

The Council’s dedicated Anti Social Investigation Team investigatescomplaints of serious anti social behaviourin all tenures across South Lanarkshire, where appropriate in conjunction with relevant internal and external agencies. They will work closely with other Social Landlords, owners and private landlords. They will work to try to enable communities to live safely and securely, free from the negative impact of anti social behaviour.

Anti Social Investigation Team is responsible for:-

  • Investigating alleged incidents of anti social behaviour
  • Gathering evidence and preparing a case
  • Providing support to victims of anti social behaviour and partner agencies
  • Identifying possible remedies

Action taken to resolve anti social behaviour will be appropriate and proportionate to the seriousness and nature of the behaviour, but may include Acceptable Behaviour Contracts, Unacceptable Behaviour Notices, or consideration of further legal action.

4.6Legal Services

Legal Services provide advice to Area Housing Offices and the Anti Social Investigation Team in relation to anti social behaviour cases and in particular, on cases where legal action is required, for example to raise court proceedings for eviction or an anti social behaviour order.

4.7Victim SupportScotland

An independent Victim Support Service, supported by the Council operates within South Lanarkshire. The Service offers emotional and practical support and advice to victims of crime and anti social behaviour. The service is available to all residents and all tenures, and referrals can be made by an officer of the Council, a partner agency such as the police or by self referral.

4.8Environmental Health Services

Environmental Health will deal with reports of abandoned cars, fly-tipping, graffiti, litter, noise or dog fouling. For domestic noise, a hotline can take complaints up to 3am each day. Enforcement Officers can investigate complaints of noise and can issue warnings and fixed penalty notices where necessary.

4.9Accessing our Services and Information

Within South Lanarkshire there is a wide range of advice and information available to people who are affected by anti social behaviour, both online and through a variety of leaflets and publications. South Lanarkshire Council is committed to ensuring that reporting channels are as simple as possible.

Online reporting is available 24 hours; customers can report a problem in relation to issues such as abandoned cars, fly-tipping, graffiti, vandalism, litter and noise.

Complaints about anti-social behaviour or neighbour nuisance can be reported by telephone or in person.

In addition, a 24 hour anti social behaviour helpline provides South Lanarkshire residents the opportunity to report issues affecting them or the community in respect of anti social behaviour. All calls are confidential and contact details need not be provided. An answer machine is provided outwith office hours. All calls received are directed to the appropriate service to follow up and progress the complaint made.

5.Service Standards

5.1Core Values

We are committed to providing accessible and responsive services and have set 7 core values:-

  1. Access to service
  2. Promote awareness of and access to the services we provide.
  1. Providing a high quality of service
  2. Ensure victims of anti-social behaviour and other service users are provided with the highest possible quality of advice, assistance and support;
  3. Keep the complainant informed of action being taken
  4. All complaints will be treated in confidence. However, if the complaint is followed up, confidentiality may not always be maintained. This action would be agreed with the complainant.
  1. Dealing effectively with hate crime and incidents
  2. Ensure individuals who are victims of “hate behaviour” are provided with services which are tailored to their particular needs.
  1. Engagement
  2. Consult with stakeholders to ensure that the services we provide are appropriate and effective.
  1. Communication
  2. Keep victims and other service users advised of progress
  3. Ensure that communities are aware of the services we and our partners are providing and the impact they are having
  1. Partnership Working
  2. Work closely with our partners to effectively tackle anti social behaviour.
  1. Equalities
  2. Promote equality in relation to all aspects of the services we provide

5.2 Time Standards

The Council will respond promptly to complaints of anti-social behaviour or neighbour nuisance. In addition to our core standards we have also set target timescales for responding to complaints.

For cases dealt with at the local housing office these are outlined below:

  • Acknowledge complaint within 3 working days
  • Arrange an initial interview with the complainant within 5 working days
  • Notify person making complaint of action being taken within 20 working days

For cases investigated by ASIT the following timescales apply:

  • Acknowledge complaint within 3 working days;
  • Interview complainant within 5 working days;
  • Notify person making complaint of action being pursued within 35 working days.

Urgent complaints will be given priority and investigated immediately. The person making the complaint will be interviewed before the end of the next working day.

For complex cases, including those where more than one person is responsible for anti social behaviour or where lengthy investigation is required, then investigations will take longer to conclude.

6.Appeals

6.1Where either a complainant or the person being complained about disagrees with the decision made regarding the complaint they will have the right to appeal this decision.

6.2An individual can submit an appeal for any of the following reasons:

  • They feel the Council has not adhered to its Policy;
  • That the outcome of the investigation is incorrect or;
  • That the proposed action/remedy is unfair

6.3Appeals must be submitted within 5 working days of receiving notification of our decision.

6.4Appeals will be reviewed by an officer senior to the person who made the original decision and will be considered within 5 working days of receipt.

7.Equal Opportunities

We have an established Equal Opportunities Policy. Our Anti Social Behaviour Policy is consistent with the requirements of our equal opportunities policy and ensures that we act fairly and lawfully on all occasions.

We do not discriminate against residents in any way on the grounds of race, colour, ethnic origin, nationality, gender, sexuality, disability, age, religion or other belief.

To support the above and as part of the policy development, an equal opportunities and human rights impact assessment has been carried out to ensure that the policy is inclusive and does not unfairly disadvantage any groups within the community. A copy of the impact assessment is available on our website, . We will continue to monitor the policy to ensure that it achieves all equalities objectives set.

8.Monitoring and Review

8.1To ensure the effective monitoring of progress against our stated objectives a detailed performance monitoring framework isdeveloped. The framework monitors our performance in achieving targets and service standards on an ongoing basisand will be used to gaugethe impact of the policy.

8.2In accordance with Housing and Technical Resources policy review schedule, the Anti Social Behaviour Policy will be subject to a full review every five years.

In conducting any policy reviews or in making changes which are likely to have a significant impact on tenants, we will ensure that it follows the requirements of Section 54 of the Housing (Scotland) Act 2001 in relation to consulting tenants. Consultation will include registered tenants and residents organisations and individual tenants.

8.3Regular update reports will be provided to a range of forums including:-

  • Housing and Technical Resources Committee
  • Anti Social Behaviour Strategy Implementation Group
  • H&TR Resource Management Team
  • The Tenant Participation Co-ordination Group; and
  • Local Housing Forums
  • The wider community

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