HS 015
HAVEBURY HOUSING PARTNERSHIP
POLICY
ANTISOCIAL BEHAVIOUR
Controlling Authority – Director of OperationsPolicy Number HS 015
Issue No. 2
Status – Approved September 2016
Date – September 2016
Review Date – September 2019
Equality & Diversity Impact Assessment carried out –
Impact -
ANTISOCIAL BEHAVIOUR POLICY
1.Purpose and General Policy Statement
1.1The Havebury Housing Partnership (hereafter known as Havebury) recognises that all its tenants, leaseholders the families and dependants have the right to live without suffering nuisance, annoyance or harassment in their homes or whilst out in the neighbourhood going about their everyday business.
1.2The main purpose of the policy is to stop antisocial behaviour or harassment, through intervention and a proactive approach.
1.3Havebury will take firm and prompt action to deal with disruptive tenants, their families and dependants and any other persons causing a nuisance, annoyance or harassment on our estates, in the neighbourhood or in individual properties.
1.4Havebury believes that the rights to hold a tenancy go hand in hand with the responsibilities of behaving in an appropriate way.
1.5Havebury sees its role as supplementary to the existing statutory agencies, and not as an alternative to them. Therefore complainants will be expected to report ASB to the relevant statutory agencies before Havebury will deal with a report, Havebury will seek to work in conjunction with relevant agencies to assist in resolving the complaint. This information will be outlined in the procedure and on our web site.
1.6Havebury will take a balanced approach and relies on four main strategies in dealing with antisocial behaviour.
•Prevention - stopping it happening in the first place
•Intervention - nipping any problems in the bud and providing alternative solutions
•Enforcement - holding the perpetrator to account and using legal remedies to rectify the antisocial behaviour
•Resettlement - helping to prevent a repetition of the behaviour in serious cases.
2.Definitions and Legislation
2.1 Havebury’s policy and procedure are based on legislation, Regulatory Standards and best practice, the main Acts include but are not restricted to:
- Antisocial Behaviour Crime & Policing Act 2014
- Protection from Harassment Act 1997
- Housing Act 1996
- The Equality Act 2010
2.2The associated procedure includes the specific definitions and requirements of each Act and should be read in conjunction with the Breach of Tenancy procedure.
3.Scope
3.1This policy extends to all local authority CBL scheme applicants, all tenants and residents, including leaseholders and those in shared ownership, living in properties owned or managed by Havebury. This will include all dependants, families and visitors of Havebury tenants living in the neighbourhood as well as individuals or groups visiting, living or working within the neighbourhood.
3.2Havebury recognises that our powers and responsibility to tackle antisocial behaviour extends beyond our own sector and housing stock. In serious cases Havebury may act to protect owner occupiers or those in other tenures from the actions of tenants, and equally take action
4. Responsibilities
4.1The day to day responsibility for this policy lies with the Chief Executive and the Management Team. The Director of Operations will be nominated as part of “Controlling Authority”.
4.2Director of Operations will be responsible for issue control - management duly authorises policies and procedures and any work instructions or amendments to be circulated to appropriate individuals in order that they are kept updated with the current versions.
5. Support for victims and witnesses
5.1Havebury will take a harm centred approach and aims to support witnesses and victims by regularly updating them on progress throughout all stages of the process from report to remedy. In addition Havebury will work with agencies such as Victim Support where necessary.
5.2Havebury will Risk Assess the potential harm to victims and prioritise our response appropriately.
5.3Havebury will deal with all cases of antisocial behaviour or harassment in a confidential way, by seeking permission before disclosing information to the perpetrator, their legal representatives and other interested parties.
6. Enforcement
6.1Havebury has a responsibility to protect tenants and the neighbourhoods from those who persist in committing anti-social behaviour. Havebury will adopt an incremental enforcement approach. Eviction will be used as a last resort. We acknowledge however that in serious cases eviction as a first step will be necessary.
6.2Havebury believes that tenants have a central role in resolving ASB, complainants will be expected to take reasonable steps to resolve the problem. Havebury may ask complainants (in appropriate circumstances) to take particular actions to address the behaviour, where tenants do not cooperate with reasonable requests Havebury may decide to take no further action with regards to their report.
6.3Where the complainant is not a Havebury tenant, a greater level of responsibility will be expected of them to resolve the matter themselves or through the appropriate statutory agency.
7.Monitoring and Appeals
7.1Incidents of antisocial behaviour will be recorded and the action will be monitored by the ASB & Tenancy Co-ordinator.
7.2A report on ASB performance will be submitted by the ASB & Tenancy Co-ordinator to the Operational Board in July each year. This will set out a review of the previous financial year and include benchmarking data against the sector and similar organisations.
7.3Where a complainant, victim or alleged perpetrator is dissatisfied with the investigation or the decision, they may pursue an appeal through Havebury’s complaints procedure.
7.4As a Registered Provider of social housing Havebury can be a co-opted member of the Community Trigger panels established by the Antisocial Behaviour Crime and Policing Act.
8.Policy review
8.1This policy will be reviewed each 3 years or upon a significant amendment being required
Page 1 of 4