ANTI SOCIAL BEHAVIOUR PROCEDURE DOCUMENT

A GUIDE FOR INVESTIGATING OFFICERS

JUNE 2007

Contents Page Contents Page

1. INTRODUCTION1

1.1 Key principles1

1.2 About the guide1

1.3 Definitions1

1.4 Respect Agenda2

1.5 Respect Standard 3

for Housing Management3

1.6 Partnership working4

1.7 Diversity & equality4

1.8 Health & Safety4

1.9 Training5

1.10 Publicity5

1.11 ICT systems6

2. CATEGORIES, 6

PRIORITIES & KEY RESPONSIBILITIES

2.1 Introduction6

2.2 Categories & Priorities6

2.3 Roles &

Responsibilities7

2.3.1 Housing Officers/

Link Workers/ Landlords7

2.3.2 Central ASB team8

3. DEALING WITH

COMPLAINTS 8

3.1 Introduction8

3.2 Case monitoring9

3.3 Vulnerable people9

3.4 Classification9

3.5 Case progression 10

3.6 Who can complain & how 11

3.7 Anonymous & malicious complaints 11

3.8 Hate Crime 11

3.9 Interviewing complainants 13

3.10 Action Plans 14

3.11 Confidentiality 14 3.12 Evidence gathering & record

keeping 14

3.13 Background checks 16 3.14 Interviewing perpetrators 17

3.15 Next steps 18

3.16 Referrals to central ASB

team 19 3.17 Closing a case 19

4. SUPPORT & EARLY INTERVENTION 20

4.1 Support agencies 20

4.2 Mediation 21

4.3 Local Partnership Business Group (LPBG) 22

4.4 Acceptable Behaviour Agreements 22

5. ENFORCEMENT 24

5.1 Introduction 24

5.2 Witness Statements 25

5.3 Support to witnesses 25

5.4 Publicising enforcement

action 26

5.5 General powers for all

tenures 26

5.5.1 Acceptable Behaviour Agreements 26

5.5.2 Environmental Health

Action for Statutory Nuisance 27

5.5.3 Undertakings 27

5.5.4 ASBO warnings 27

5.5.5 ASBOs 28

5.5.6 Closure of Premises

Orders 28

5.5.7 Public Nuisance

Injunctions 28

5.5.8 Dispersal Orders 29

5.6 Social Rented Powers 29

5.6.1 ASB Injunctions 29

5.6.2 Possession Proceedings 30

5.6.3 Demoted Tenancies 30

5.7 Private Landlord Powers 30

5.7.1 Possession on no fault 30

basis

5.7.2 Possession Housing Act

1988 31

6.ASB FLOWCHART 32

  1. INTRODUCTION

1.1 Key principles

Anti-social behaviour can have a significant impact on the quality of life of people. If we do not resolve it quickly it can have a lasting impact on the people involved, other people living in an area and the environment. The Council, the local community and partner agencies all have a key role to play in ensuring that we tackle such issues and take action quickly against people causing problems.

We should not tolerate anti-social behaviour and need to recognise the important role we can play in tackling such problems. We must use the wide range of legal and preventative measures that are available to the Council and partners to address the issues of anti-social behaviour and neighbour nuisance.

1.2 About the guide

This document has been developed by the City Council, in consultation with key partners, in order to standardise the processes involved in dealing with complaints of anti social behaviour. The intention is to have a common framework for dealing with complaints so that all residents receive the same level of service, regardless of tenure or housing provider. This will be more important than ever as new housing organisations emerge in Salford.

A separate Statement of Policies and Procedures in relation to Anti Social Behaviour, as required under the Anti Social Behaviour Act 2003, will be published in 2007 once a comprehensive review of the existing documents has been undertaken. The intention is to have a single document, covering both polices and procedures, rather than two separate documents as currently exist. This procedure guide is intended to complement the Statement of Policies and Procedures when it is published.

1.3 Definitions

There is no single definition of what constitutes anti social behaviour. The Crime & Disorder Reduction Partnership defines anti social behaviour as follows:

  • “Conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in residential premises (that is a Council dwelling or homelessness accommodation or in the locality of such premises). Using or threatening to use residential premises for immoral or illegal purposes”
  • “Acting in a manner that caused or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the perpetrator”
  • “Conduct capable of causing nuisance or annoyance to any person and which directly or indirectly relates to or affects the housing management functions of a relevant landlord”

Anti social behaviour can include:-

  • Excessive noise, especially late at night e.g. loud music, DIY
  • Rowdy, aggressive or threatening behaviour or language
  • Using a Council property for criminal purposes e.g. drug dealing
  • Problems caused by animals e.g. persistent dog barking, fouling etc
  • Slamming and banging doors
  • Litter, graffiti or rubbish dumping in the local area
  • Abandoned cars
  • Intimidation, harassment or threats
  • Acts of violence
  • Hate crime
  • Using or carrying offensive weapons
  • Anti social behaviour as a result of misuse of drugs or alcohol.

This is not a complete list and each case should be judged on its merits when deciding what action to take. Full details of how to deal with a complaint, including categories and types of anti social behaviour can be found in sections 2 & 3 of this document.

1.4 Respect Agenda

The Government's Respect drive aims to ensure that local agencies tackle anti social behaviour and its causes to improve quality of life for residents, particularly those in the most disadvantaged communities.

Salford was announced in January 2007 as a Respect Action Area. As such, we are required to use the full range of enforcement tools, as well as focusing on prevention and intervention. Everyone involved in dealing with anti social behaviour has a part to play to make sure this happens.

The Respect Action Plan was launched by the Home Office in January 2006, containing the following six key priorities:

  • Supporting families
  • Bringing a new approach to dealing with the most challenging families
  • Improving behaviour and attendance in schools
  • Increasing activities for children and young people
  • Strengthening communities
  • Ensuring effective enforcement and community justice

Within those six key themes, the Home Office identified five main areas of the Respect Agenda that are central to how Respect Action Areas should be tackling anti social behaviour locally. These include:

  • An enhanced family intervention project
  • Increased use of parenting programmes
  • “Face the People” sessions with senior officers and councillors
  • Commitment to using enforcement tools and powers
  • Signing up to the Respect Standard for Housing Management

Officers involved in ASB have a key role to play in delivering the Respect Agenda, by ensuring that cases are managed well, complainants are supported, perpetrators are challenged and that appropriate support and intervention measures are used alongside robust enforcement where required.

1.5 Respect Standard For Housing Management

The Respect Standard for Housing Management forms part of the Government's Respect drive and is aimed at social landlords. It is a voluntary standard which the Government wants as many landlords as possible to sign.

The standard covers 6 key themes:

  • Accountability, leadership, and commitment – This involves making a visible commitment to residents that issues of anti social behaviour and Respect are taken seriously and that the landlord does what is says it will.
  • Empowering and reassuring residents – This means involving residents in working together and decision making and effective communication with communities.
  • Prevention and early intervention – Preventing problems from occurring and tackling complaints quickly and efficiently when they arise can be just as effective as taking enforcement action
  • Tailored services for residents and provision of support for victims and witnesses – This means giving everyone and every case an individual, sensitive and robust response which meets their needs.
  • Protecting communities through swift enforcement –Officers need to be prepared to take swift, effective enforcement when it is warranted using the full range of options available.
  • Support to tackle the causes of anti-social behaviour – Provision of support to tackle the underlying causes of anti social behaviour can help to change behaviour and reduce incidents of anti social behaviour.

New Prospect has signed up to the standard and the Council’s lead and support RSLs have signed up as part of a consortium. A Respect Standard for private landlords is being developed as part of the selective licensing scheme being launched in June 2007. Salix Homes and City West Housing will be encouraged to sign up at the appropriate stage in their development.

1.6 Partnership working

The range and complexity of issues associated with anti social behaviour means that it is difficult to tackle in isolation. To deal effectively with anti social behaviour, agencies and groups such as police, Council directorates, housing providers, support providers and residents need to work together. Involving partners at an early stage can help to resolve issues before they escalate e.g. by referring someone for support or tackling an issue together by pooling ideas and resources. Equally, enforcement against an individual or tackling a problem within an area will sometimes require a multi agency response e.g. by sharing information or carrying out a joint operation.

1.7 Diversity & Equality

When dealing with complaints and progressing anti social behaviour cases, the implications for access to the service must be considered. This applies both in respect of complainants and perpetrators, as services should be accessible to everybody. This may include, for example, providing access to translations, witness support, home visits etc. If further advice is needed, this can be provided by the central ASB team.

1.8 Health & Safety

Risk assessments should be in place covering all aspects of dealing with anti social behaviour. Team Leaders will be able to provide more information about these. It is important to remember that risks cannot be totally eliminated but exercising caution and common sense can greatly reduce them. The following precautions should be implemented at all times.

  • Details of planned visits and expected time of return should be entered on the office whiteboard
  • A phone call to the office should be made if the return time is later than expected or if intending to go straight home after visiting an address.
  • Home visits at night or at weekend must not be undertaken without obtaining authority from a manager.
  • A mobile phone should be taken on visits so that contact can be maintained. The phone must be switched on and the number made available to staff in the office.
  • Home visits to perpetrators should be undertaken with a colleague.
  • Warning interviews with volatile perpetrators should be conducted in an interview room with a Team Leader and/or police officer.

Some of the cases will involve handling sensitive information. Operational details relating to cases must not be discussed outside of the office environment. This includes discussions with friends and family members.

Being threatened or assaulted in the course of an investigation is extremely unlikely. However, if this does occur it must be reported to a manager and/or ASB Officer who will be able to provide reassurance and take certain steps to prevent it occurring again in the future, such as legal action against anyone who behaves in such a manner.

1.9 Training

Training and support is available to make sure people have the right knowledge and skills to do their job properly. Training needs should be assessed annually at appraisals and any required training arranged. Training will include

  • New laws or initiatives, using specialist trainers where needed.
  • New policies and procedures e.g. health & safety, case management etc.
  • How to record incidents of hate crime
  • Staff briefings and team meetings to keep staff up to date with important information and to share ideas and good practice.
  • Seminars and conferences to share good practice.

1.10 Publicity

Research shows that the public is more likely to think we are dealing successfully with anti social behaviour if we communicate our successes regularly and in a consistent way. This applies not only to successful enforcement, but in other areas such as prevention and intervention.

Leaflets, posters, press releases and other associated publicity should be considered after every successful enforcement action and where successful initiatives have been run or are planned e.g. estate clean ups, diversionary activity such as school outreach work etc.

A Respect marketing strategy has been developed to ensure a consistent approach to publicity. Any posters, leaflets or other campaign materials must be produced in accordance with this strategy and using the standard templates which have been developed for this purpose. Advice is available from the Community Safety Unit and ASB team about this strategy and associated documentation.

Any leaflet, poster or other publicity material which is being distributed with the Council's logo must first be approved by the Council’s Marketing & Communications team. Any such publicity should be produced in conjunction with the Community Safety Unit and central ASB team using the standard templates designed for the purpose.

1.11 ICT Systems

Robust ICT systems are an important element in managing and monitoring complaints of anti social behaviour and monitoring performance in doing so. As such, its is imperative that actions which are taken are recorded in the appropriate ICT system e.g. Flare, Saffron etc where these are available. Not doing so will mean that case monitoring will be less effective, record keeping less accurate and the ability to monitor trends and emerging hotspots may be compromised.

2. CATEGORIES, PRIORITIES & KEY RESPONSIBILITIES

2.1 Introduction

To enable decisions to be made about how to progress a complaint of anti social behaviour, a basic categorisation system should be applied. This categorisation is for guidance only - it is acknowledged that flexibility is required and therefore categories may change.

2.2 Categories & priorities

Category A

This category includes behaviour so serious that swift legal action is required to deal with the problem, such as

  • serious hate crime
  • serious domestic abuse
  • acts of violence
  • serious intimidation/threats of violence
  • criminal conviction affecting the local community (referral from GMP)

Category B

This category includes those cases where a degree of evidence gathering and case management is needed to progress/resolve it. Casework will generally be undertaken by the team who take the initial report, but with support from the ASB team where needed (see section 3 for full details). Category B cases will include the following broad types of behaviour.

  • ASB linked to drug use/dealing
  • noise e.g. loud music, power tools, fireworks, shouting, door slamming etc
  • nuisance from business use
  • alcohol related ASB
  • verbal abuse
  • domestic abuse
  • youth ASB e.g. gangs, alcohol misuse etc
  • vehicle nuisance e.g. mini motos, joy riding etc
  • intimidation & harassment
  • hate crime not requiring legal action
  • ASB from large gatherings of people.
  • ASB from visitors

Category C

This category includes those cases which can usually be resolved quickly and effectively with a warning, by fixing the problem or by referral to mediation or another agency, such as environmental services.

  • environmental ASB e.g. litter, graffiti, rubbish, abandoned cars etc
  • damage to property or communal areas
  • pets & animals i.e. barking, fouling etc
  • neighbour disputes e.g. boundaries, car parking, use of communal facilities.
  • nuisance caused by ball games

Gardens and properties in poor condition are not classed as ASB and should be dealt with as general property/estate management issues. A referral to the ASB team for legal action should not be made unless ASB is also a factor in the complaint.

2.3 Roles & responsibilities

2.3.1 Housing Officers/Nuisance Link workers/landlords

Housing Officers, Nuisance Link workers and landlords (with appropriate training and support) are responsible for the following.

  • Interviewing the complainant
  • Helping and supporting the complainant, including giving advice on how to complete diaries or provide other evidence.
  • Establishing an action plan for each case
  • Making referrals to the Local Partnership Delivery Group and other ASB prevention agencies such as mediation or ASSFAM.
  • Ensuring the complainant agrees to and carries out their own objectives as set out in the action plan.
  • Interviewing the alleged perpetrator
  • Contacting and securing information and evidence from complainants, witnesses and other agencies as the case progresses.
  • Explaining the consequences of continued bad behaviour to the perpetrators, including the possibility of legal action.
  • Maintaining written records of interviews and sending warning letters to perpetrators.
  • Working locally with the police and other partners to resolve cases.
  • Taking written statements from complainants, witnesses and perpetrators
  • Providing progress statements to complainants and witnesses
  • Forwarding completed case files and associated documentation to the central team for legal action in appropriate cases.
  • Closing cases and informing all parties of conclusions reached where appropriate
  • Witnessing anti social behaviour and appearing in court as a professional witness
  • Keeping appropriate records using case files and IT systems

2.3.2 Central ASB team

The central ASB team is responsible for the following.

  • Policy and service development (with City Council)
  • Preparing and issuing cases to Court
  • Liaison with Crime & Disorder Legal Team
  • Advice and support to complainants and witnesses where required
  • Advice and support to service providers on tactics and strategy
  • Access to specialist services such as witness outreach, out of hours visits etc
  • Evidence gathering including general intelligence about an area
  • Taking detailed witness statements for use in any subsequent legal action
  • First hand witnessing of anti-social behaviour and acting as a professional witness in Court
  • Providing progress statements to complainants and witnesses
  • Co-ordinating and actively pursuing all agencies to deal effectively with specific cases of anti-social behaviour ("hotspots")
  • Ensuring that the most serious cases are fast tracked.
  • Provision of training in consultation with the Crime & Disorder Legal Team
  • Deploying surveillance equipment and engaging professional witnesses (in conjunction with referring officers)

3. DEALING WITH COMPLAINTS

3.1 Introduction

This section should be read in conjunction with the attached flowchart.

It is imperative that everyone follows the same procedure for dealing with complaints. This ensures that we are consistent and that residents get the best possible service from us. All complaints of anti social behaviour should be treated seriously and action taken without delay in line with agreed service standards. All actions taken in dealing with a complaint must be recorded in relevant IT systems.