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Meeting Date CABINET – 22nd September 2005 Report of the Director of Housing and Health ITEM 11 POLICY AND PROCEDURES IN RESPECT OF ANTI-SOCIAL BEHAVIOUR Purpose of the Report To allow further consideration of a revised Anti-Social Behaviour: Statement of policy and procedure (see Appendix A) and associated Summary (see Appendix B) which takes account of additional powers available under the Anti-Social Behaviour Act 2003 and the Housing Act 2004. Recommendations 1. That the Anti-Social Behaviour: Statement of policy and procedure and associated Summary be agreed. Reasons 1. To comply with the Anti-Social Behaviour Act 2003 which requires local housing authorities and other social landlords to prepare a policy and procedure on ASB and publish the following documents: • Statement of policy and procedure on ASB (‘the statement’); and • Summary of current policy and procedures on ASB (‘the summary’) 2. To comply with the Anti-Social Behaviour Act 2003 which requires local housing authorities and other social landlords to review the statement when appropriate and annual reviews are suggested. Policy Context The policy reflects the Corporate strategic aims of Decent Housing, and a Safe Borough. Background The first statement of policy and procedure was considered by Cabinet in December 2004 and agreed with a condition that the policies and procedures be reviewed “………as soon as possible, for implementation within 6 months and in a form which is suitable for the purpose” The policies and procedures have been reviewed since that time and the key amendments are set out below. 1 Amendment Comment Housing Act 2004 – the power to extend Introductory tenancies Introductory Tenancies by a further 6 months, from 12 to 18 months, the right to The Housing Act 2004 now gives local refuse mutual exchanges, the right to seek authority landlords the flexibility to extend an order to suspend the right to buy, and introductory tenancies by a further 6 months from 12 to 18 months where there are suspend the obligation to complete right to continuing doubts about the conduct of the buy sale and enabling disclosure of relevant tenancy. This allows us to assess the information from other organisations to suitability of an introductory tenant for tackle ASB longer period of time. Mutual exchanges The Housing Act 2004 gives local authorities landlords the right to refuse mutual exchange applications for tenants with secure tenancies, if some types of successful court action has been taken against either the tenant or a member of their household or a person wishing to exchange with the tenant or a member of their household for anti social behaviour, or such action pending. Right to Buy Local Authority Landlords now have the power to seek an order to suspend the Right to Buy for a specified period in respect of the tenancy on the grounds ASB under the Housing Act 2004. The same act also suspends the landlord’s obligation to complete a Right to Buy sale when some types of Court action relating to ASB are pending. The Housing Act includes measures to prevent a tenant from being able to compel completion of the Right to Buy sale if an application is pending for a demotion order, suspension order, or a possession order sought on the grounds of ASB. 2 Disclosure of Relevant Information The Housing Act 2004 enables landlords to fully utilise the powers given in regards to the new Mutual Exchange and Right to Buy legislation by enabling disclosure of information to them from other organisations when a tenant has made an application for a mutual exchange or has sought to exercise the Right to Buy Anti-Social Behaviour Act 2003 – Demoted tenancies Demotion of Tenancy Orders, secure and Since 2004, demoted tenancies have assured tenancies can be demoted. been available in instances when a tenant behaves anti-socially, or allows a member of their household to do so. They are also available where there has been unlawful use of the premises. A social landlord can apply for a demotion order ending the tenant’s existing tenancy and replacing it with a less secure one. Demotion removes the tenant’s Right to Buy and security of tenure for at least a year. The Strategic context for Housing Services In undertaking the review, the practical demands on officers in Tenancy Services of delivering this new, highly responsive, procedurally complex service has been very evident. At present, a very significant focus needs to be given to driving up performance in other areas of Housing Services, so that the critically important Housing Inspection due in January 2006 achieves a 2 star rating and unlocks the potential of the Arms Length Management Organisation (ALMO.) Inevitably, during this period, there will be competing demands for the available officer resources and it will be necessary to prioritise those resources in such a way as to recognise the significance of the Housing Inspection process and outcome. In addition, the initial preparation for inspection has highlighted the need to be clear that in all service areas, the use of resources, including officer time, is proportionate to the impact achieved. The current policy and procedure for dealing with Anti Social Behaviour could more clearly distinguish between types of case, perhaps with a grading system to reflect the severity or urgency of a case and it is proposed that this be considered for the next review of the policy and procedures. 3 Financial Implications Significant officer time is deployed in delivering the service, within existing budgets. Additionally, a budget of £55200 is deployed and meets some of the additional court costs and other legal costs associated with delivering the service. Risk Management Risk Identified Likelihood Impact Risk Management Actions Planned Failure to deal with 4 4 New policy and procedure to Anti Social Behaviour reflect new Housing and Anti-Social within our Behaviour (ASB) legislation – policy communities will lead and procedure designed to use a to an increase in whole raft of measures to prevent criminal activity, and react to ASB in an effective and general unruly efficient way behaviour and breaches of tenancy Continued development/ close agreements. This will working relationships with key result in increased partner agencies i.e. police, numbers of empty community safety team, probation, properties, high Youth offending teams, Social turnover of customers/ services etc. in order to share properties, loss of information and good practice, revenue to the targeting finite resources to Housing Revenue operational ‘hot spots’ and Account, increased monitor/ analyse progress, outputs capital expenditure to and outcomes. maintain properties and the environment. Social and Environmental decline in our estates and communities - significant increase in expenditure and loss of revenue due to the above, could also result in the Council not meeting its goals within its Business plans and service delivery plans Key Decision: No Background Papers: Cabinet report 16th December 04, Anti-Social Behaviour Act 2003, Housing Act 2004. 4 Code of Guidance for Local Housing Authorities and housing action trusts (ODPM Aug 2004) Together campaign - fact sheets and guidance( www.together.gov.uk) Officer(s) to Contact: Eileen Mallon (01509) 634662 John Delahunty(01509) 634678 5 Appendix A 6 7 Charnwood Borough Council Housing Services Statement pursuant of Section 12 of the Anti-social Behaviour Act 2003 September 2005 1 Contents Introduction Page 3 Definition Page 4 Identification Page 7 Investigation Page 10 Resolution Page 12 Prevention Page 14 Appendix One Page 22 Summary of Policy Appendix Two Page 28 Summary of Procedures Appendix Three Page 48 Summary of Domestic Violence Procedures Appendix Four Page 55 Race and Housing Policy 2 Introduction Charnwood Borough Council is required by the Anti-Social Behaviour Act 2003 to publish a statement of its policies and procedures to tackle anti-social behaviour. This document is the Council’s response to this requirement. Charnwood Borough Council has identified “reducing crime and anti-social behaviour” as a local priority in its new Corporate Plan which runs until 2011/20012. We take anti-social behaviour very seriously and will tackle it in all forms on our housing estates, towns and villages. The scope of this behaviour is very broad, ranging from minor disputes between neighbours who have differing lifestyles, to severe nuisance and harassment, sometimes associated with criminal activity. The Council has worked hard to improve its response to anti-social behaviour and this is reflected in the approaches identified within this statement. The responsibility for dealing with anti-social behaviour is split across a number of different service areas. This is because anti-social behaviour itself can take a variety of different forms and interpretations. What follows is a consolidation of the policy and procedures used by the Housing Services department, and this in turn draws upon the resources, experiences and expertise of other departments. The statement has been split into five key areas to represent our activities. These are: Definition Identification Investigation Resolution Prevention These documents will be continually updated to ensure that they reflect our Corporate commitments to improve the quality of life for our communities. 3 Definition Charnwood Borough Council follows the section 1 (1) of the Crime and Disorder Act 1998 definition of anti-social behaviour. This section defines anti-social behaviour as “acting in an anti-social manner as a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as the complainant”. The Council also uses the definition provided in the Housing Act 1996 (as amended by s.12 ASB Act 2003) section 218A (8) which is conduct which: • ,is capable of causing nuisance or annoyance to any person; and • directly or indirectly relates to or affects the housing management functions of a relevant landlord; or • consists of or involves using or threatening to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose.
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