ANTI-SOCIAL BEHAVIOUIR POLICY
Policy Number / HM 3.8
Prepared by / Amanda Gregory, Housing Operations Manager
Date of Last Review
Date of Next Review / August 2019
Reviewed and Approved by

OSPREY GROUP ANTI-SOCIAL BEHAVIOUR POLICY STATEMENT

Both Osprey Housing and Osprey Housing Moray (referred to as the Group) believe that effective and efficient management of Anti-Social Behavior is vital to the success of maintaining good quality services for all our tenants and provide value for money.

We embrace quality property management and this is encompassed in our Core Values;

AMBITION

empowering through innovation and challenge

(E)QUALITY

doing the best for individuals and communities in a fair and equal way

RESPECT & PROFESSIONALISM

towards each other, the people we work with; the people we serve and our environment

ACHIEVEMENT

delivering outcomes that matter and make a real difference – now and in the future

1.INTRODUCTION

1.1This policy has been devised to show how the Osprey Housing Group (the Group) will manage tenancies to minimise the impact and incidence of anti-social behaviour (ASB).

1.2The Group offers tenancies to people with many different housing and social needs and where people live close together there is always the scope for friction and disputes. Clashes of lifestyles where people are from different age groups, come from different cultural backgrounds, or have different working or sleeping patterns can easily give rise to arguments.

1.3The Group will respond promptly and appropriately to incidents of ASB. We shall take a preventative approach, with legal action as a last resort. We recognise that ASB is not just a housing management issue and will work together with external agencies where this helps to resolve problems.

1.4The Anti-Social Behaviour (Scotland) Act 2004 defines anti-social behaviour in the following terms:

  • acts in a manner that causes or is likely to cause alarm or distress; or
  • 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.

Conduct includes speech and to be a course of conduct it must happen on at least two occasions.

1.5This policy is not intended to address behaviour that is merely different and will not be used to promote the harassment of individuals, groups or vulnerable persons for behaviour that results in being of a different race, origin or belief system.

2.POLICY AIMS

2.1The Group is committed to ensuring that as far as possible all of its tenants are able to have quiet enjoyment of their homes, without being abused or harassed or subject to undue noise or other nuisance caused by those around them.

3.POLICY PRINCIPLES

3.1The principles underpinning the Group’s Anti-Social Behaviour Policy are:

  • focus on preventative work and housing related problems;
  • raise awareness of what is, and is not, acceptable behaviour;
  • encourage and facilitate self-help;
  • set and monitor action plans for serious cases;
  • keep complainants informed and meet ‘resolved’ target timescales; and
  • if we are unable to assist, state this clearly as soon as possible and offer advice on where else they may seek help.

4.OBJECTIVES

4.1Prevention

4.1.1The Group will facilitate prevention through various measures including placing emphasis on tenant responsibility and providing support services at the outset of a tenancy. The Group will combine this with a settling in visit during the early stages of a tenancy and where necessary the Group will consider a Short Scottish Secure Tenancy (SSST) for individuals with a previous history of ASB.

4.1.2The Housing (Scotland) Act 2014 makes changes to the way SSSTs can be used. Social landlords are able to convert an existing Scottish Secure Tenancy (SST), or can grant an SSST to new tenants, where the tenant, a household member or a visitor, has been involved in anti social behaviour in or near social housing in the last three years – an eviction order because of ASB or an anti social behaviour order (ASBO) is no longer required.

4.1.3At present the minimum period for all SSST’s is six months. Where an SSST has been given to a tenant because of ASB or eviction for ASB, the 2014 Act extends the minimum period to 12 months. This is to allow sufficient time for support services to help address the ASB such as alcohol or drug counselling to have an effect.

4.1.4Other preventative approaches will include:

  • providing customers with information on our policy and procedures on ASB at the start of their tenancy and carrying out settling in visits for all new tenants;
  • assessing the vulnerability and support needs of our tenants and providing support;
  • sensitive lettings where appropriate;
  • considering suspension of housing applications where the applicant has a known history of ASB;
  • publicising the Groups commitment to dealing with ASB, for example in our newsletters and online; and
  • where possible the Group will tackle environmental ASB so as to reduce the potential for crime and risk of ASB, for example removal of graffiti, abandoned vehicles etc.

4.2Early Intervention

4.2.1Where there are concerns over ASB, early intervention will be a key objective. This may involve joint visits with Police Scotland to the complainant and alleged perpetrator. These visits will offer suggested solutions and use tools such as, Acceptable Behaviour Contracts (ABCs), verbal/written warnings andMediation referrals.

4.2.2Where a need for further support is identified, options which will be explored include:

  • establishing early case management meetings working in partnership with all relevant services (including GP’s, Education, Police Scotland, Social Work etc.) and the perpetrator. Sharing relevant information and collectively making appropriate decisions on how to obtain the most effective outcome; and
  • intensive family support, such as parenting support. We will refer and work with those services that can offer the support to help parents break the cycle of unacceptable behaviour.

4.2.3If the perpetrator does not engage in the support offered and continues to cause ASB, the Group will take enforcement action that could ultimately result in the tenant and their household being evicted from their tenancy.

4.3Management of Tenancy Conditions

4.3.1When a person is allocated a property they sign a SST or a SSST, tenants are responsible for the behaviour of every person living in or visiting the tenant’s home. This includes responsibility for their behaviour in the home, on surrounding land, in communal areas (stairs, lifts, landing, entrance halls, shared gardens, parking areas) and in the locality of the dwelling house.

4.4Effective Partnership Working

4.4.1The Group recognises that the problems faced in some communities are complex and that no one agency can effectively solve the problems of ASB. The Group willtherefore adopted a partnership approach where agencies work together with communities to prevent and manage ASB at an individual and local level.

4.5Partnership for Individual Support

4.5.1Where early intervention measures or initial investigation of a complaint indicates the need, the Group will set up case management meetings to co-ordinate support across agencies to tailor packages to meet the complex needs of a perpetrator e.g. this could involve alcohol, drug and/or mental health issues.

4.5.2By working in this way, the Group will provide support to perpetrators to change their behaviour while ensuring that the complainant receives the necessary support to feel safe and live peacefully in their own home.

4.6Operational / Local Partnerships

4.6.1In addition to responding to individual complaints, the Group will work with community networks, partners, and support agencies such as Police Scotland, The Scottish Fire and Rescue Service, NHS, Youth Offending Services, Education, Local Authorities and other Registered Social Landlords (RSLs). This will involve responding to local priorities and delivering outcomes at a local/neighbourhood level and sharing relevant information in order to deter or prevent ASB from taking place.

4.7Regular and Effective Communication

4.7.1Regular and effective communication with customers who report ASB is central to the Group’s approach. All complaints will be taken seriously and will be recorded and investigated. Key stakeholders will be kept informed of how the complaint is being dealt with, including clear information on the relevant contact for the case and timescales at each stage of the process.

4.8Confidentiality

4.8.1Interviews and conversations with tenants about personal and sensitive matters will be carried out in private.

4.8.2The Group will treat all reports of ASB confidentially and will not disclose information to third parties or other organisations without consent. The only exceptions to this will be in cases where the Group has a legal or statutory duty to do so, or where passing relevant information would be essential to carrying out the Group’s duties.

5.LEGISLATION AND REGULATION

5.1The Anti-Social Behaviour etc. (Scotland) Act 2004 is the primary legislation governing the way Local Authorities, Registered Social Landlords and Police Scotland deals with ASB.

Other relevant legislation and regulation is listed below:

  • Housing (Scotland) Act 2014
  • Housing (Scotland) Act 2001
  • Antisocial Behaviour etc. (Scotland) Act 2004
  • Homelessness (Scotland) Act 2003
  • Adult Support and Protection (Scotland) Act 2007
  • The Data Protection Act 1998
  • Equality Act 2010
  • Children (Scotland) Act 1995
  • The Mental Health (care and treatment) (Scotland) Act 2003Human Rights Act 1998
  • The Scottish Social Housing Charter (SSHC)

5.2In addition to the legislation, the Scottish Housing Regulator (SHR) has issued guidance around the indicators they use to measure the progress social landlords have made towards achieving the outcomes set out in the SSHC. These include;

  • the number of ASB cases reported in the last year, including outcomes and closure details;
  • targets set by each social landlord around how they manage ASB complaints;
  • recording of information around case closure outcomes to enable the landlords to report on case resolution within locally agreed targets; and
  • the number of evictions carried out in the last year due to ASB.

6.ACKNOWLEDGEMENT AND COMPLAINT CATEGORIES

6.1Category A Complaints will be acknowledged on the same working day of receipt or next working day if received on a public holiday or at the weekends. Category B Complaints will be acknowledged within two working days; Category C Complaints will be acknowledged within five working days. It may not be possible to provide a detailed response but acknowledgement will be given with an indication of when a full investigation will be carried out.

6.2The Group will assess what category the ASB case falls into and whether the incidents are of a minor or serious nature.

6.3Outlined below are the different categories of ASB and an indication as to when customers can expect an investigation to begin:

Category A – Extreme anti-social behaviour, where the involvement of the Police is necessary. For example:

  • drug dealing
  • unprovoked assault
  • violence (including domestic)
  • harassment (including racial harassment). Incidents of racial harassment will be dealt with under the Groups Racial Harassment Policy.

Investigation will be initiated within 24 hours

Category B – Serious anti-social behaviour, where the behaviour is of a serious and / or persistent nature, affecting one tenant or a group of tenants.

For example:

  • frequent serious disturbances
  • threatening / abusive behaviour
  • vandalism/damage to common areas/property owned by the Group
  • severe child/youth disturbances
  • intimidation

Investigation will be initiated within 2 working days.

Category C – Nuisance cases / other breaches of tenancy / disputes solely between two neighbours. Complaints which clearly breach the tenancy conditions but are of a relatively minor nature.

For example:

  • occasional noise / loud music
  • recurring child/youth disturbances
  • family disputes affecting neighbours
  • dog/pet control
  • behaviour of visitors
  • infrequent disturbances

Investigation will be initiated within five working days.

6.4Behaviour examples are given as a guide only, the Housing Officer will use their judgement based on complainant information submitted.

6.5Customers’ preferred means of communication will be used if possible. If a customer prefers to communicate by email, letters will be emailed as PDF attachments.

6.6In some cases a complaint may not fall under the remit of the Anti Social Behaviour Policy – a member of staff will advise the complainant if this is the case. Examples of behaviour the Group do not view as ASB are those linked to daily living noise, such as: footsteps within the property, children playing, playing music at a reasonable level or road traffic speed.

6.7If the complaint is not of a housing related nature, i.e. it falls into the remit of Police Scotland or any other agency, the Housing Officer will explain to the complainant that as the complaint does not constitute a breach of tenancy the Group is unable to take any form of action. The Housing Officer will provide a full explanation why and offer advice and assistance to the complainant on what agencies are best placed to help them.

7.SOURCES OF REFERRAL

7.1The Group will accept complaints by letter, telephone, email, via our website and in person. Anonymous complaints will be recorded, but it will normally not be possible to act on such complaints unless it is possible for an Officer of the Group to verify the complaint. However, if the alleged ASB is severe, staff will always investigate the complaint.

8.DEALING WITH A COMPLAINT

8.1In order to tackle ASB effectively, each case will be assessed individually, taking into consideration any Duty of Care and Legislative constraints.

8.2Enforcement will match with support for the perpetrator, where appropriate and necessary, to tackle the cause of ASB.

8.3More serious complaints may require the involvement of the Housing Operations Manager and will immediately be brought to his/her attention.

8.4Complaints will normally be dealt with by taking action at the most appropriate level. Only in the most extreme cases would legal action be considered before a warning visit/interview was carried out. In all cases the Group undertakes to keep complainants informed on the progress of the complaint and reasons for action taking or for closing of case.

8.5The stages of dealing with a complaint are detailed below. There is no specific order, as the nature of ASB cases vary and should be assessed on an individual case by case basis. The Housing Officer will assess which options are appropriate for each case dependant on circumstances. There are a wide range of tools and powers available to the Group to tackle ASB, including:

  • encouraging self help
  • housing support
  • mediation
  • referral to support agencies e.g. drug and alcohol or mental health agencies
  • warnings
  • acceptable behaviour contracts (ABC)
  • interim anti-social behaviour orders
  • anti-social Behaviour Orders (ASBO)
  • noise Monitoring Equipment
  • internal transfers
  • short scottishsecure tenancy (SSST)
  • eviction

8.6On some occasions, an alleged perpetrator may make a counter-allegation against the original complainant. We will adopt the same approach on responding to their counter-allegation.

9.RESOLUTION TIMESCALES

9.1Each reported incidence of ASB, by its very nature, will be unique. Some cases will be resolved relatively quickly through low level mediation – while more severe cases will take far longer to resolve.

9.2The Group will work with all relevant parties to resolve incidences of ASB by adhering, wherever possible, to the following resolution timescales:

Category A / The Group will work to resolve the complaint within40 working days
Category B / The Group will work to resolve the complaint within 20 working days
Category C / The Group will work to resolve the complaint within 10 working days

10.EQUALITY AND DIVERSITY

10.1The Group is committed to ensuring and promoting diversity and equality of opportunity in housing, employment and provision of services for all people within its range of work. The Group will treat all people equally and in accordance with the Equality & Diversity Policy.

10.2The Group want to make our services accessible to everyone. We understand English is not everyone’s first language so we try to provide a range of translation and Interpretation facilities to meet the need of out customers, this includes: Braille, tape, large print and British Sign Language.

11.MONITORING AND REPORTING

11.1The Group reports on how it has dealt with reported instances of ASB through a number of routes. For example:

  • we will monitor and analyse the perceptions of ASB through our 3 yearly Tenant Satisfaction Survey, to establish how tenants feel about ASB in their area;
  • the Group is committed to a high level of customer satisfaction in the delivery of this Policy. We will send out customer satisfaction surveys to every customer when a case has been closed. This enables the Group to measure the views and opinions of customers using the service, the value of service provided and will use feedback to make further improvements to the service;
  • where appropriate, telephone surveys will also carried out. Performance is monitored against annual targets for:
  • satisfaction with the way the case has been dealt with
  • satisfaction with the outcome of the case
  • days taken to resolve a case;
  • as part of the Groups quarterly reporting to the Joint Housing Committee, information is presented on the number of cases reported during the period and the number of cases ‘resolved’ within agreed timescales; and
  • as a Registered Social Landlord, the Group is required to submit an Annual Return on the Charter (ARC). This information is listed in Section 5 above.

11.2The Group aims to improve resolution of cases and drive continuous improvement across the Housing Service, through dissemination of good practice and improved training for staff.

12.APPEALS AND COMPLAINTS

12.1The Group will always try and resolve issues without them becoming complaints. If the person is still not satisfied they can complain using the Groups Complaints Handling Policy.

13.REVIEW

13.1This policy will be reviewed every 3 years unless the following criteria dictate that it would be best practise to review sooner:

  1. applicablelegislation,rules, regulationsandguidance,both thosewhichaffectthe Group directlyandthosewhich affect theresourcesavailabletosignificantnumbersofourcustomers to enablethemtosustaintenancies
  2. changes intheorganisation
  3. continuedbestpractice

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