(In accordance with S.12 of the Anti-Social Behaviour Act 2003)
Index
1. Purpose of Policy Page 3
2. General Policy Statement Page 3
3. Definition of Anti-Social Behaviour Page 4
4. Examples of Anti-Social Behaviour Page 5
5. Aylesbury Vale District Council’s approach to Anti-Social Behaviour Page 6
6. Roles and Responsibilities Page 9
7. The Strategic Context - Legal and Policy Framework Page 10
8. Obligations of tenants Page 17
9. Supporting complainants and witnesses Page 19
10. Prevention of Anti-Social Behaviour Page 20
11. Rehabilitation of Perpetrators Page 23
12. Multi Agency Partnerships Page 24
13. Professional Witness Schemes Page 25
14. Data Protection, Confidentiality and Information Sharing Page 25
15. Information Sharing Page 26
16. Cross Tenure Issues Page 26
17. Training of Staff in Dealing with ASB Page 26
18. Information on other relevant polices Page 26
19. Review of the Policy Page 27
Anti-Social Behaviour (ASB) Policy
1. Purpose of policy
The purpose of this document is to describe Aylesbury Vale District Council’s policy on dealing with ASB for council tenants. This policy document supplements and is compatible with the following existing documents:
§ AVDC’s Homelessness Strategy
§ Housing Allocations and Transfer Policy 2003
§ AVDC’s Housing Strategy
§ Aylesbury Vale Community Safety Strategy (March 2005-April 2008)
§ AVDC’s Racial Crime/Incidents Policy
§ Tenancy Services Domestic Violence Policy
§ Buckinghamshire ASB Protocol (Partnership Document)
This policy is for staff and the public to provide them with guidance on what Aylesbury Vale District Council’s Housing Division will do with regard to reports of anti-social behaviour from council tenants and generally on its housing estates. Hate Crime such as Racial Harassment and Domestic Violence will be dealt with in separate but linked procedural documents.
The Council’s approach to tackling ASB in other housing tenures is referred to within the ASB Protocol of the Community Safety Partnership available on the Council’s website (www.aylesburyvaledc.gov.uk)
2. General Policy Statement.
Aylesbury Vale District Council recognises that to provide a quality housing service we must be effective in tackling ASB on our housing estates for the benefit of the wider community. We also believe that everyone has a right to the peaceful enjoyment of their home and neighbourhood without the distress or fear that can result from ASB. We will work closely with our partner agencies in relation to this and other related polices to achieve this aim.
We have adopted the following Code of Practice:
§ Every report of ASB will be recorded.
§ The appropriate Neighbourhood Housing Manager will investigate every report of ASB.
§ Investigations will seek to identify and speak to all interested parties.
§ Reports of ASB will be prioritised and investigations will start at the earliest possible time after receipt of the complaint and conducted in a timely manner.
§ All Neighbourhood Housing Managers will, in first place assume the complaint is justified. All complaints will be taken seriously and investigated thoroughly.
§ Action against perpetrators will be appropriate to the situation. We will make every effort to help/seek support for tenants who perpetrate nuisance and ASB but if they are unwilling to co-operate we will take tough action against them. This will include letters of warning, verbal warning, visits, Acceptable Behaviour Contracts, demotion of tenancies, injunctions, referrals to appropriate support agencies, Anti Social Behaviour Orders (ASBO’s) possession proceedings or any other intervention that is suitable to moderate that persons behaviour.
§ We fully recognise the importance of multi-agency working and will therefore work in partnership with our key partners such as the police “to make Aylesbury Vale the best possible place to live and work”. We will seek to develop actions and solutions which are co-ordinated and effective and promote stable communities.
§ We will ensure that all tenants have fair and equal access to our service. We will not discriminate against complainants because of their race, colour, religion, nationality, sex, age, mental or physical disability or sexual orientation.
We will take firm and fair action against tenants who cause nuisance or ASB that is targeted at individuals from minority groups and motivated by racism or other discriminatory practice.
§ We will seek to develop our services in line with the changing needs of our tenants. We will consult with tenants and seek their views as we continue to develop our service in response to ASB.
§ We will continue to provide training and support services to Neighbourhood Housing Managers who deal with ASB so that they feel confident in supporting victims and witnesses interviewing and challenging perpetrators, negotiating actions and delivering services to achieve successful outcomes.
3. Definition of anti-social behaviour.
There are several definitions of ASB. At Aylesbury Vale District Council we use the definition in the Crime and Disorder Act 1998 as the primary definition and this is the definition recognised in the Community Safety Partnership ASB protocol (Tackling ASB across Bucks). We also use the definition in the Housing Act 1996 s.153Housing Act 1996 S.153.
Crime & Disorder Act 1998
Section 1(1) of the act defines ASB as 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.”
Housing Act 1996 S.153
“Conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaged in a lawful activity in the locality”
This includes behaviour that:
§ Is capable of causing nuisance or annoyance to any person; and
§ Directly or indirectly relates to or effects the housing management functions of Aylesbury Vale District Council or
§ Consists of or involves using or threatening to use housing accommodation owned or managed by Aylesbury Vale District Council for an unlawful purpose.
Explanation
“Those affected” by nuisance and annoyance, again based on S.153 Housing Act 1996, are described as:
§ Those who have a right to live in a property owned or managed by the landlord
§ Those living in any other property in the neighbourhood (e.g., owner/occupiers and tenants of other landlords)
§ Anyone else lawfully in property described above or in the locality (e.g., working or visiting local facilities).
The “housing management function” is described as any activity that the landlord would undertake in day-to-day or strategic management of the stock, for example:
§ Tenant and Community Participation
§ Maintenance and repairs
§ Rent and rent arrears collection
§ Neighbourhood management
§ Dispute resolution.
Matters which “indirectly affect” the housing management function include social care and housing support, environmental health and refuse collection and other services provided that enable the efficient operation of the landlords function.
4. Examples of behaviour which we would define as anti social behaviour
Include but are not limited to:
§ Noise nuisance/Air pollution
§ Intimidation and harassment;
§ The fouling of public areas;
§ Aggressive and threatening language and behaviour;
§ Actual violence against people and property / vandalism / criminal damage
§ Hate behaviour that targets members of identified groups because of their perceived differences;
§ Using housing accommodation to sell drugs, or for other unlawful purposes.
§ Graffiti
§ Fly tipping / Litter /Rubbish
§ Nuisance Vehicles
§ Drinking alcohol in public/prohibited places; Drunkenness
§ Begging
§ Arson & Hoax calls
§ Animal related problems
5. Our Approach to tackling anti-social behaviour
The overall objectives for Aylesbury Vale Housing Division are:
§ The Housing Division is committed to reducing Crime and Disorder.
§ The Housing Division will take seriously any complaints of ASB.
§ The Housing Division will assist the Community Safety Partnership to achieve the Partnerships objectives with regard to ASB.
§ The Housing Division will implement its Best Value Improvement plan with regard to key issues and actions on ASB.
Receiving and recording of complaints
Complaints can be received either in person, by phone, by email or in writing by the person suffering anti-social behaviour or a third party on their behalf. All complaints of anti-social behaviour will be recorded on ‘Prowide’ our anti-social behaviour database. For each ASB complaint, an ASB Case File will be opened to record all details and progress of the complaint.
Target times:
§ On receipt of the complaint the Neighbourhood Housing Manager will log the complainant within two (2) working days or within one (1) working day in the case of major ASB complaints (e.g. where there has been a threat of or actual violence).
§ If an interview is necessary this will take place within five (5) working days of receiving the initial complaint or within (1) working day in the case of major ASB complaints (e.g. where there has been a threat of or actual violence).
Assessment of individuals ASB complaints
On receiving a complaint of ASB the Neighbourhood Housing Manager will make an initial assessment of the level of seriousness of reported incidents to determine how the investigation of the complaint will be progressed. If he or she is unsure how to classify the complaint they will seek the advice of the two dedicated ASB Neighbourhood Housing Managers or their line manager. The status of the ASB complaints will predetermine the target response time and can be reviewed at any stage as a result of changing circumstances or new reported incidents.
Major ASB complaints
Major ASB complaints may include incidents/act involving:
o Threat of or actual violence
o Using and selling drugs
o Serious intimidation/assault
o Hate Crimes/Harassment (i.e. Racial, Homophobic, Sexual Harassment and Domestic Violence)
o Court Order cases
o Acts/incidents that may have initially been considered to be minor incidents but have subsequently been reviewed and it has been decided that they should be treated as a major ASB complaint because of the incidents they have continued over a sustained period of time or as a result of the effect they are having on the complainant(s).
Minor ASB complaints
A minor incident can be defined as a less serious act/incident(s) of anti-social behaviour such as a dispute or a nuisance, which does not involve criminal behaviour, drugs, violence or damage to the property. The circumstances of each case must be individually considered to determine the severity of the complainant. Minor incidents may later develop into more serious cases of anti-social behaviour and therefore reclassified as a major ASB complaint.
Minor incidents may include (but is not limited to):
o Verbal abuse (including foul or offensive language)
o Noise
o Alcohol and solvent abuse
o Nuisance from vehicles (including abandonment)
o Unkempt gardens (such as those attracting dumping of goods, creating eyesores and attracting vermin).
o Rubbish dumping and misuse of communal areas (e.g. car repairs).
o Intimidating gatherings of young people in public places
o Aggressive begging
o Uncontrolled pets and animals.
o Riding motorbikes or mopeds on anywhere other than the public highway.
o Riding/cycling and the use of skateboards on footpaths
o Nuisance from business use.
Counter Allegations
Where a counter allegations occur the Neighbourhood Housing Manager will ensure that each allegation is fully investigated. One the investigation has taken place an evaluation of the situation and an outcome will be reached and both parties notified of the results. When assessing each alleged case, it will be necessary to assess the validity of the allegation and to take into account any extenuating circumstances, which might have led to this type of behaviour.
Case Closure
After each case has been closed the Neighbourhood Housing Manager must write to the complainant and the person(s) who have been complained about, to advise them that the case has been closed and explain the reasons for closing the case. At this stage, the complainant will also be advised in writing to contact the Neighbourhood Housing Manager if any further incidents occur. An ASB Customer Satisfaction Questionnaire should be attached to the letter for the complainant to complete and return to Tenancy Services Manager.
Record Keeping
Aylesbury Vale District Council will ensure that all ASB Case Files and other relevant documents are stored securely for confidentiality reasons. Disclosure Request Forms will also be stored securely (separate from ASB Case Files and Housing Files) in a locked filing cabinet and kept under the control of the Tenancy Services Manager as the ‘designated officer’ under the information sharing protocol.
Repairs and Graffiti
On receipt of a complaint of ASB it must be established if the tenant’s property has been damaged or if the tenant requires removal of graffiti.
Aylesbury Vale Council will carry out emergency repairs to damaged council property where major incidents of ASB or harassment have occurred (i.e. where there is threat to life or limb, major damage to the property of if the property is insecure). When a report is received offensive or hate crime motivated graffiti on council property will be removed within 24 hours and other types of reported graffiti within 3 working days.
The tenant is responsible for reporting repairs/graffiti to Aylesbury Vale District Council on (01296) 585858.
Other repairs will be categorised either as an urgent (responding within 7 working days or normal (response within 28 working days) repair. Aylesbury Vale District Council may ask the tenant to provide a police crime reference number before ordering urgent or normal repairs as a result of anti-social behaviour or harassment.
Aylesbury Vale District Council also provides an emergency out of hours (5pm – 9pm Monday to Friday and 24 hours at the weekend and Bank Holidays) repairs service for council tenants on 07000 500321.
Action against perpetrators
The utmost effort will be used in order to identify the perpetrators and appropriate action will be taken as stipulated in the procedure. The course of action will be initially be determined by the investigating Neighbourhood Housing Manager (in consultation with the complainant). This may include legal action against perpetrators such as injunctions, anti-social behaviour orders, criminal prosecution, and demotion of tenancies or possession and eviction proceedings. If a multi agency approach is necessary the Neighbourhood Housing Manager can liaise with the Partnership ASB Co-ordinator.