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.
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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.
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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.
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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
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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.
Section 4 of the Council’s Tenancy Agreement states that: c) You are responsible for the behaviour of every person (including children) living in or visiting your home. You are responsible for their behaviour when they are in your home, in shared areas, in your neighbourhood or on any of our premises. d) You must not do, or allow, anything in your home or in the neighbourhood, which is a source of nuisance, annoyance, distress or abuse to other people. e) You are responsible for making sure that all your visitors and members of your household (including children) behave properly in your home or in any part of the neighbourhood. This means that they should respect other people’s rights to enjoy their home and surroundings peacefully and should not be a source of nuisance, annoyance, distress or abuse to others. f) You and the people you are responsible for must not do anything in your neighbourhood to harass or cause a nuisance to any person because of his or her racial origin or colour. g) You and the people you are responsible for must not do anything in your neighbourhood to harass or cause a nuisance to any person because of his or her religious views, sex, age, disability, or sexuality. h) You and the people you are responsible for must not use or threaten violence against any other person in your home or in your neighbourhood. i) You and the people you are responsible for must not use abusive language or use or threaten violence against any of our officers, employees, councillors or agents. j) You and the people you are responsible for must not commit or allow to be committed any illegal activity, such as drug dealing, in your home, in shared areas, in your neighbourhood or on any of our premises. k) You and the people you are responsible for must not allow noise to annoy your neighbours. This includes, but is not limited to, using a television, radio, hi-fi and musical instruments.
4 l) You are responsible for any domestic pets in or around your home. You must not allow your pets to cause any nuisance, annoyance or danger to neighbours or visitors to your home. m) If you are a tenant in a block of flats or maisonettes you are responsible, along with neighbouring tenants, for keeping the internal shared areas, such as stairs and landings, clean and tidy.
Charnwood Community Safety Partnership has produced a booklet for all tenants and residents within the Borough entitled “Safe and Secure, A guide to dealing with anti-social behaviour in the borough of Charnwood.” It provides information for dealing with anti-social behaviour and details the different agencies you can report problems to as well as information on what they can do to help. A text copy of the booklet is included in Appendix One.
The booklet states, “Broadly speaking, anti-social behaviour is anything that interferes with the peace, comfort and convenience of other people. Some of the most common anti-social behaviour problems are listed below:
Noise Nuisance (examples include) Loud televisions, music, stereos Rowdy parties Noise from DIY Use of domestic appliances at unreasonable hours Abusive language Persistent car/burglar alarms Domestic abuse - physical or verbal
Nuisance from Pets and Animals (examples include) Noise from barking dogs Unsupervised animals Animals fouling communal areas Animal cruelty Keeping Dangerous Animals
Untidy Gardens (examples include) Overgrown gardens Nuisance from Bonfires Rubbish in Gardens Vermin in Gardens
Children and Young People Causing a Nuisance (examples include) Verbal and physical abuse Vandalism and graffiti Riding bikes on footpaths and grassed areas Bullying Criminal damage Excessive noise from their activities
Nuisance from Vehicles (examples include) Abandoned vehicles- including cars, vans, trailers and caravans Vehicle repairing that is an eyesore and a danger to the public Excessive noise from vehicles
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Rubbish Dumping (examples include) Storing rubbish/old furniture in gardens Fly-tipping Dumping of rubbish in a communal area or on open land
Drug or Alcohol Misuse (examples include) Criminal activity e.g. drug dealing Public disturbance Excessive visitors to property Noise and verbal abuse
Harassment (examples include) Verbal or written abuse Abusive behaviour Racism Use or threats of violence Physical assault Damage to property
Section 4 of the Council’s Tenancy Agreement states “We will take all complaints of nuisance and harassment seriously. We will look into your complaints and decide what action to take.”
Section 5 confirms a tenant’s “right to occupy your home in peace.” Examples of anti-social behaviour are further defined in s.4 of the Tenancy Agreement. “The following are examples of the types of behaviour, which are unacceptable and which we may take action on. It is, however, not an exhaustive list of such behaviour:
Noise Verbal abuse Criminal behaviour Damage to Council property Harassment of all types, including racial Keeping disruptive or dangerous animals harassment Leaving rubbish in, and misuse of, communal Intimidation of other people areas Domestic violence and abuse Spraying graffiti Dealing in illegal drugs Vandalism Alcohol and solvent abuse Rowdy behaviour Nuisance from vehicles Ball games near homes Nuisance from business use Misuse of shared security/door entry systems” Overgrown gardens
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Identification
The previous section of this document has shown how anti-social behaviour can cover a very broad range of activities and behaviour.
Complaints about anti-social behaviour can be made in a variety of ways to different parts of the Council.
The contact details for different service areas of the Council, which deal with anti-social behaviour issues, can be found below
The Council also provides a Minicom system for customers with hearing difficulties. The use of translators and interpreters can also be arranged if requested.
The appropriate contact details are:
For complaints about Council Tenants or visitors to Council properties Housing Services (01509) 634567 e-mail [email protected]
For complaints about private housing or businesses Environmental Health (01509) 634636
Minicom (01509) 215996
Anti Social Behaviour Policy
In its role as a social landlord, Charnwood Borough Council has adopted a clear policy on its approach to dealing with the identification and resolution of anti-social behaviour. A copy of this policy can be found in Appendix Two.
Links to other Strategies
The Council’s approach to tackling anti-social behaviour is consistent with a number of its existing corporate strategies from a landlord perspective:
Charnwood Together Charnwood Community Strategy Charnwood Crime and Disorder Reduction Strategy (2005-2008) Protocol for tackling Anti-Social Behaviour in Charnwood Protocol for data sharing Protocol for Regulation of Investigatory Powers Act (RIPA)
The new Corporate Plan identifies “reducing crime and anti-social behaviour” as a key priority identified by local people during the consultation phase.
The Charnwood Crime and Disorder Reduction Strategy (2005-2008) produced by the Charnwood Safety Partnership requires all partner organisations to work together to tackle crime and anti-social behaviour in Charnwood. The partnership has a number of “statutory” partners that must be involved and a number of other “voluntary partners”.
The statutory partners are: Charnwood Borough Council
7 Leicestershire County Council The Police Authority Leicestershire Constabulary British Transport Police Fire and Rescue Authority Charnwood and NW Leicestershire Primary Care Trust.
The Council has to produce a Homelessness Strategy to address the issues of homelessness within the Borough. The Strategy published in July 2003 identified that crime and anti-social behaviour can have a clear influence on homelessness and the threat of homelessness. In particular:
• Domestic Violence is one of the major causes of homelessness. • Homelessness caused by harassment (either racial or otherwise) is relatively rare. However further investigation is required to identify whether this is due to the low level of incidents or the barriers victims face in presenting as homeless. • A relatively high proportion of homeless people misuse drugs or alcohol.
It should also be acknowledged that by enforcing tenancy conditions regarding anti-social behaviour the Borough Council could increase levels of homelessness. *However, the Council will only seek possession of a property as a last resort and anyone evicted for anti- social behaviour will have had a number of opportunities to remedy their behaviour . Sharing of Information and Confidentiality
In accordance with Charnwood Borough Council’s Data Protection Policy published in May 2004 and the requirements of the 1998 Data Protection Act, any information disclosed by individuals will be classed as confidential data. This information can only be disclosed to other external agencies under Section 17 of the 1998 Crime and *Disorder Act. This information may also be classed as ‘exempt information’ under the 2000 Freedom of Information Act (FOI). The Council’s Data Protection Policy also relates to the exchange of information between departments and officers and the need for treating complaints of anti-social behaviour during investigation as confidential information.
Racial Harassment
Charnwood Borough Council takes Racial Harassment and Racially motivated ASB very seriously. We have produced a Policy statement on Race and Housing to clarify this. The Race and Housing policy can be found at Appendix 5.
As part of the Community Safety Partnership Crime and Disorder Racial Harassment Action Plan Charnwood Borough Council changed its Tenancy Agreement to emphasise our stance on the issue.
Section 4 states: f) You and the people you are responsible for must not do anything in your neighbourhood to harass or cause a nuisance to any person because of his or her racial origin or colour. g) You and the people you are responsible for must not do anything in your neighbourhood to harass or cause a nuisance to any person because of his or her religious views, sex, age, disability, or sexuality.
8 In cases of Racial Harassment, Charnwood Borough Council is a partner in Action for Real – Racial Equality Across Leicestershire and Rutland (REAL). During investigation of Racial Harassment cases, Housing Services and Community Safety staff need to complete a Racist Incident Monitoring Form as part of their investigations. This form is then sent confidentially to Leicestershire County Council, who facilitate the REAL partnership, only if the victim or complainant is in agreement with this. The outcome of all investigations must also be reported to REAL for monitoring purposes.
Domestic Violence
The Housing Department is represented on the Charnwood Domestic Violence Panel with a range of partners, who are working with victims of Domestic Violence to produce a co- ordinated high quality service.
We also take part in the County-wide Domestic Violence monitoring project, which through an encrypted database keeps anonymous but cross referenced records of incidents of Domestic Violence within the County in order to map incidents and target resources.
A summary of the Housing Services Domestic Violence procedure is included at Appendix Four.
9 Investigation
Charnwood Borough Council has established a clear policy for investigating anti-social behaviour cases. The investigation is carried out jointly between the Tenancy Services Team within Housing Services and the Community Safety Team. Both teams work closely to investigate and resolve cases of anti-social behaviour.
A full copy of the landlord procedures for dealing with anti-social behaviour is provided in Appendix Three. This includes legal remedies and actions available to officers and timescales for investigating cases.
All investigation into anti-social behaviour needs to be sensitive and confidential. Charnwood Borough Council’s departments work closely with Police, Youth Offending Teams, Community Mental Health teams, Social Services, Educational Welfare and Probation Services to investigate anti-social behaviour under the guidance of section 17 of the 1998 Crime and Disorder Act.
Complaints Procedure
If an individual is unhappy about investigations carried out by Council Officers, they can follow the Council’s Official Complaints Procedure. The Complaints Procedure is available in Council reception areas and on the Council’s website or can be sent by post if requested.
If you have a complaint about the Council, these are the steps to follow:
Stage 1 Complain to the person dealing with the issue and give him or her a chance to put it right. Alternatively you can raise the issue with their line manager. - you can expect an official response within 15 working days of making your complaint.
Stage 2 Raise the matter with a more senior member of staff involved in the problem you are concerned about (this person is known as the Service Development Officer) - you can expect an official response within 20 working days of making your complaint.
Stage 3 Stage 3 provides a means of appeal about the way you feel stages 1&2 have been handled. You can raise the matter with the Corporate Service Development Officer (CSDO) who will look into this matter on your behalf - you can expect an official response within 20 working days of making your complaint.
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Follow these steps when: • you think that we have done something wrong or • we have not done something when we have been asked to take appropriate action What is not included?
This procedure does not apply to: • initial requests for service e.g. the first time you ask for something; • initial requests for information or for an explanation of Council policy or practice; • the correct application of the law or a Council policy, or
10 • matters for which there is a right of appeal (an appeal within the Council or to an independent tribunal).
Do complaints have to be writing? Complaints do not have to be in writing. However, complaint forms are available from reception staff and can also be downloaded from: http://www.charnwood.gov.uk
Complaints by e-mail should be sent to: [email protected]
Complaints about discrimination
Where there is a complaint of discrimination the Council has to take appropriate steps to ensure that it is not a breach of its statutory duties and its equal opportunities policies. If a complaint is of discrimination on grounds such as race, disability, gender, and sexuality or age this will automatically be referred to the relevant Director for investigation and to the Council's Equality Officer. If you are not satisfied with the initial response to such a complaint you can ask for the matter to be referred to the Chief Executive.
Referring a complaint to your local Councillor You may wish to refer your complaint to a local Councillor. Legal and Democratic Services (telephone: 01509 634789) E-mail:[email protected] have information about contacting local Councillors.
If the complainant is still unhappy with the way that Charnwood has investigated a case of anti-social behaviour, they can contact the Local Government Ombudsman. The Local Government Ombudsman is an independent body, which investigates allegations of maladministration causing injustice to the person who has complained. The Ombudsman investigates complaints about most Council matters and can be contacted at:
The Oaks No. 2 Westwood Way Westwood Business Park Coventry CV4 8JB
Telephone 024 7669 5999 Fax 0247669 5902
The Local Government Ombudsman has a leaflet called “Complaint about the Council? How to complain to the Local Government Ombudsman”. A copy of this leaflet can be obtained by writing or telephoning the Ombudsman or by downloading it from the website, www.lgo.org.uk
The Local Government Ombudsman service can answer general enquiries about their role and responsibilities on the Adviceline, 0845 602 1983.
11 Resolution
Charnwood Borough Council is able to use a wide variety of statutory instruments to resolve cases of crime and anti-social behaviour. Enforcement, however, is not always the best option and officers are careful to look at non-legal resolutions to close cases.
Use of Mediation Services
Mediation is offered at various stages throughout anti-social behaviour investigations to resolve minor cases of neighbour nuisance and anti-social behaviour. Housing Services and Community Safety staff must ensure that both parties are in agreement to use mediation to resolve their dispute. The Council has regularly referred cases suitable for mediation to a number of local Mediation Service as an alternative to enforcement action
Upon referral to the Mediation Service they will arrange to talk to individuals separately to find out more about the circumstances of the dispute and how this affected their lifestyles. A facilitated meeting at a suitable venue may then be agreed by both parties and mediators will attempt to help both parties resolve their problem. A meeting is not always necessary, and Mediators can carry out shuttle mediation which does not involve both parties having to meet.
Charnwood Borough Council considers mediation to be an effective remedy to improving communication within its communities and reducing the need for legal action to resolve minor anti-social behaviour cases.
Statutory Powers
The Council can use the following statutory powers to tackle anti-social behaviour in the following circumstances:
Housing Act 2004 – the power to extend Introductory Tenancies by a further 6 months, from 12 to 18 months, the right to refuse mutual exchanges, the right to seek an order to suspend the right to buy, and suspend the obligation to complete right to buy sale and enabling disclosure of relevant information from other organisations to tackle ASB. Housing Act 1996 (as amended) section 153 - injunctions; Part V - conduct of tenants chapter 1 Introductory Tenancies section 124-143; chapter 2 - repossession (section 144- 151);chapter 3 - Injunctions (sections 152-158) Local Government Act 1972 section 222 - injunctions to prevent committal of a criminal offence. Local Government Act 1972 section 235 – bye-laws prevention and suppression of nuisances Housing Act 1985 section 23 – bye-laws for management use and regulation of stock Housing Act 1985 section 139 & schedule 6 para.5 - covenants in RTB sales Housing Act 1985 section 82 - security of tenure; section 83 – Notice of Seeking Possession; section 84 - orders for possession. Anti-social behaviour- Housing Act 1985 - secure tenancies; Schedule 2 part 1 ground 2 as amended by section 144 of the 1996 Housing Act. The Environment Protection Act 1990 section 80 - Noise Nuisance. The Crime and Disorder Act 1998 Part – Anti Social Behaviour Orders (ASBOs) and use of Acceptable Behaviour Contracts (ABCs). Anti-Social Behaviour Act 2003 – Publication of a policy in relation to Anti Social Behaviour and procedures for dealing with ASB. The use of injunctions for anti-social behaviour, unlawful use of premises, breach of tenancy agreement, exclusion orders and powers of arrest and excluding a person from their place of residence. Demotion of Tenancy Orders, secure and shorthold tenancies can be demoted.
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Introductory Tenancies
Charnwood Borough Council has used Introductory Tenancies since March 2003. The Council uses Introductory Tenancies as one of its statutory instruments to ensure suitable behaviour from its new tenants from the commencement of their tenancy. The tenant is offered the incentive of a secure tenancy after a year, provided the introductory tenancy has been conducted in an acceptable manner.
Support of Witnesses and Professional witnesses
In all cases, Charnwood Borough Council is committed to ensuring the safety and confidence of any witnesses. We see support of individuals giving evidence in Court as a proactive step to reducing future anti-social behaviour.
Council Officers will attend Court cases with victims of anti-social behaviour and work with the Police and the Court Services Witness Support scheme to assist the victim wherever possible to give their evidence.
Charnwood Borough Council’s allocations policy allows Housing Services to give priority to the victim of anti-social behaviour if the Police or other statutory agency request that they be moved for their safety. If this threat to safety is assessed as an emergency, then Housing Services can move the victim in exceptional circumstances. The allocations policy also allows the Council to give priority to applicants in exceptional cases. Whilst this is not a prerequisite for all potential court cases, the Council does have the power to move a witness to anti-social behaviour if remaining at their current address will result in further threats to their safety.
Charnwood Borough Council will use professional witnesses in the resolution of anti-social behaviour cases. This will be dependant on the type of anti-social behaviour that is being caused and having done a full risk assessment of the case.
13 Prevention
Charnwood Borough Council has undertaken and supported a wide range of local and national initiatives to reduce crime and the fear of crime within our communities.
Crime Reduction and Partnership Working
The Crime and Disorder Act 1998 required all districts like Charnwood to establish Community Safety Partnerships charged with producing a three-year strategy for reducing Crime and Disorder. Charnwood has had such a partnership since 1992. The partnership is now in its third three-year strategy covering the years 2002-2005.
The strategic aims of the 2005-2008 are:
• Reduce Violent Crime • Reduce acquisitive crime and tackle drug misuse • Reduce the incidents of anti-social behaviour • Protect and reassure the community
Anti Social Behaviour Steering Group
The Housing Department fully supports the workings of the ASB steering group and is committed to participating in this information sharing forum. Key Personnel will represent the Department at every meeting with other Officers attending on a case by case basis. Key agencies also participating within this group include the Police, the Community Safety Team within Charnwood Borough Council, Housing Associations, Social Services, the YOT and the Primary Care Trust.
Community Against Drugs (CAD) Strategy
The Charnwood Community Safety Partnership has produced a “Community Against Drugs (CAD)” plan. CAD aims to reduce the level of substance misuse by a co-ordinated response, through education, advice and the application of the law. It focuses on increasing the safety of communities from drug related crime, reducing the acceptability, availability of drugs and demand for drugs, and reducing the risk to individuals and communities from paraphernalia and anti social behaviour associated with drug misuse.
Through CAD Charnwood have created a mobile youth club and drugs education centre called the Buzz Bus. This allows youth work, education and drugs awareness to be taken out into the community including the rural parts of the borough.
The Buzz Bus contains a Play Station 2, surround sound system, TV and video along with a suite of five laptops. The Buzz Bus can also provide a portable skatepark including ramps, grind rails and safety kit provided in partnership with Charnwood Recreational Services.
Neighbourhood Wardens
Since August 2002 the Council has employed three Neighbourhood Wardens covering estates in Loughborough. This team has been very successful in building confidence on the estates that the Council will respond quickly to problems, which could lead to more serious anti-social behaviour if not tackled.
Allocations Policy and Anti-social Behaviour
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The Council may develop its own Local Lettings Policies, which would need to be transparent and objective, with safeguards to prevent unfair discrimination, if a need is identified in specific areas as a means of preventing or reducing ASB. This would require a change to the Council’s allocations policy, but it should be noted that the Council would still have statutory duties to many of the vulnerable applicants, who may be future perpetrators of ASB. In order to deal with Social and Environmental decline within an area the Council will consider implementing a local lettings policy as part of a number of measures designed to tackle the problems within an area.
Charnwood is committed to ensuring that those who are guilty of serious anti-social behaviour will not be considered for offers of accommodation either by the Council or by nomination to a Housing Association where such a restriction is permitted by law. The Housing Register is open to almost anyone over the age of 18. However Charnwood Borough Council will restrict applications from anyone who the Council considers to be unsuitable to be a tenant, for example anyone, who has a recent history of anti-social behaviour. Anyone excluded from the Housing Register will receive a decision letter outlining the reasons they have not been accepted from the Housing Officer who made the decision.
Anyone may seek a review of this decision.
In all cases of anti-social behaviour we will try and deal with the perpetrator, but in certain circumstances we may instead award the victim with a priority on the housing register to move. In exceptional circumstances where the victim agrees we may consider moving the perpetrator to another similar but not better property.
Environment and Facilities
Changes to the physical environment can play an important role in discouraging some anti-social behaviour, such as better lighting, adopting “designing out crime” principles, rapid repairs responses to vandalism, graffiti removal etc. Equally the provision of or support for community, recreational, cultural or other facilities and activities can be important. However, the effect can be lost if actions are piecemeal and not seen by the agencies involved as part of a wider package of measures, such as those mentioned below. These may also be medium/longer term actions that need to be considered alongside short-term interventions to deal with an immediate problem. The Council will seek to carry out an on-going ‘nuisance audit’ of its own housing stock in order to be aware of and to deal with those factors, which increase the potential for nuisance, such as poor sound insulation and inadequate home security. Any proposed remedies will be fed into the Council’s on-going Capital Programme of improvements to its housing stock.
Capital Improvements
Housing Services are undertaking a wide variety of works to reduce crime and anti-social behaviour. These include new security fencing at Fielding Court sheltered housing scheme, refurbishment and improvements to facilities for young people on the Warwick Way estate, upgrade of CCTV to Wordsworth Road and Hermitage/Sharpley Road shopping precincts in Loughborough, and new windows and doors with improved security for the Warwick Way estate.
15 Tenancy Support Schemes
The Council operates small-scale tenancy support schemes in partnership with a number of specialist agencies for specific groups of new tenants identified as vulnerable for a variety of reasons.
Such provision is currently largely focussed on Council tenants and further work will be required to include residents from Registered Social Landlords and the private sector. Introductory Tenancies
The Council has decided to use its powers under the Housing Act 1996 and its powers under the Anti-Social Behaviour Act 2003, to implement an Introductory Tenancy Scheme. These tenancies apply to all new tenants and the Council can ask the Court for an eviction order without having to prove a ground for possession during the first twelve months. The rationale is that the Council’s ability to obtain early possession and remove the “right to buy” in the case of a serious breach of tenancy will act as a deterrent and reduce the incidence of ASB at least among new tenants. The Housing Act 2004 now gives local authority landlords the flexibility to extend introductory tenancies by a further 6 months from 12 to 18 months where there are continuing doubts about the conduct of the tenancy. This allows us to assess the suitability of an introductory tenant for longer period of time.
Mutual Exchanges
The Housing Act 2004 gives local authority 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 is pending. This will prevent known troublemakers transferring into the housing stock and allow continued action to prevent ASB by tenants within the landlords own stock.
The landlord can refuse the application if a relevant injunction order, Anti-Social Behaviour Order (ASBO) or possession order granted on the grounds of ASB is in force. The application may also be refused if Court action to obtain such an order is pending or a demotion order is pending against a tenant, the proposed assignee or a person who resides with either of them.
The 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 of 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. This will remain in place until those proceedings have ended and no demotion order or outright possession order was made. If a demotion order or an outright possession order is made, the tenant will lose their secure tenancy and thereby also lose their right to buy
Disclosure of Relevant Information
16 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.
Landlords can check information held by other organisations to ascertain whether any of the relevant orders are in force or if relevant Court proceedings have been issued. This will prevent landlords being unable to take appropriate action due to the withholding of relevant information which is held by other organisations. Mediation
The use of mediation can sometimes be a cost-effective method of attempting to resolve disputes before they escalate more seriously, although it can only be used if both/all parties agree and is not always appropriate, for example in cases involving violence, intimidation or harassment.
Further work is needed to identify local opportunities for mediation and to consider the provision of direct access from any source.
Anti-Social Behaviour Contracts (also known as Acceptable Behaviour Contracts) and Parental Control Agreements.
These contracts and agreements are typically individual written agreements between perpetrators and the local Housing Office and local Police for the perpetrator not to carry out certain identifiable acts, which could be construed as anti-social behaviour. These are voluntary agreements between perpetrators and their parents and the landlord and although they are not legally binding, they may be used in evidence in any later legal action. Reparation Agreements
These agreements typically involve the Police, Registered Social Landlords and Youth Offending Teams in the provision of a scheme whereby youths caught damaging property work for a maximum of seven hours alongside staff employed to repair properties or remove graffiti. Candidates receive a certificate of achievement once their placement is completed with the intention of creating a positive outcome from a negative situation.
If the youth/parent/guardian does not agree to reparation or pay the cost of the damage then the Council may seek compensation via the County Court ‘Small Claims Track’. Children and Young People
Housing Officers, where appropriate will work along side and with Youth Offending Services, the Youth Inclusionary Support Panel, Educational Welfare Officers and local schools. Recent research (Coles, England and Rugg 1998) has stated that a number of housing management problems are often associated with high concentrations of children and young people living on estates.
The Anti-Social Behaviour Act 2003 will enable Schools, Local Education Authorities and the Youth Offending Teams to enter into parenting contracts to intervene in a child’s anti-social behaviour.
Where, an ASBO has been sought by the Borough Council against a minor (10 years and plus), the Council will have access to a Youth Court for prosecution of a breach.
17 Court User Groups
The Housing department will be represented at Court working groups by the Council’s Anti Social Behaviour Co-ordinator. The purpose of our representation is to maintain a good working relationship with the Courts and to identify and highlight wider community issues that have a major impact upon the resident’s quality of life.
Protection of Staff – Corporate Warning System
Charnwood Borough Council is committed to the safety of its staff. We believe that all violence is unacceptable. It is not part of the duties of any employee to accept violent behaviour.
Violence can be both physical and non-physical:
• Physical violence does not have to result in injury. It includes damage to property and belongings. It includes the use or threat of use of weapons, including animals. • Non-physical violence is regarded as the use of language or gesture to abuse, insult, threaten or intimidate.
The Council has produced a Personal Security at Work policy to address the issue of violence at work.
All staff will be properly trained and provided with a safe and secure working environment in respect of potentially violent situations. Appropriate training can often be used to defuse a heated situation before it becomes an incident. However, some situations will escalate no matter how well they are handled. In such situations staff should attempt to withdraw or summon help.
When a violent incident has occurred the member of staff should inform their line manager as soon as is reasonably practicable. The line manager should inform the Head of Service.
The Police must be informed as soon as possible of assault or serious threats of violence against staff or their families.
The individual should complete an incident form, which will be forwarded to Head of Human Resources, Head of Legal Services and The Council’s Health and Safety Officer.
A corporate warning registration form will be completed and this will be used to assess whether the perpetrator will be placed on the Corporate Warning Register.
If a perpetrator is placed on the Corporate Warning Register they will be informed in writing with an opportunity to explain their behaviour. Inclusion on the Corporate Warning Register is reviewed every six months and it is not expected that under normal circumstances a person will remain on the register for more than a year.
The Corporate Warning Register does not include details of the victim but simply informs staff of the name, address and nature of risk for those on the register.
Provision of Training for Staff
Further training is required to ensure that staff receiving complaints of ASB have sufficient knowledge and guidance to do so. Many staff would benefit from more specialist training on
18 how deal with complicated cases. It is proposed that this training programme will continue throughout 2005 by using ‘on-the-job’ training and support from the Community Safety Team and Housing Managers and use of external trainers, to deal with more complex housing management and anti-social behaviour cases.
Racial Equality training and race awareness training are included as part of the Council’s corporate training programme each year and forms part of the induction process for all employees and members. This ensures that all staff are aware of their responsibilities and have appropriate training, support and written guidance. This will enable staff to identify racist incidents and challenge racial bias and stereotyping.
Council’s Regulation of Investigatory Powers Act (RIPA) Policy
All investigation by all Council officers must comply with R.I.P.A., the Regulation of Investigatory Powers Act 2000. The Policy requires the Council to:
• ensure that there are Authorising Officers who will authorise and monitor all RIPA investigations involving surveillance. • ensure that surveillance is lawful under the Human Rights Act 1998 and associated legislation. • ensure that the operations carried out are necessary and proportionate. • provide guidance and training for officers and members where appropriate. • keep a record of all authorisations, managed by a RIPA co-ordinator
Other Preventative Measures
Two other powers, available primarily to the Police and Social Services, were introduced by the Crime and Disorder Act 1998.
Parenting Orders may be obtained against a parent where an Anti-Social Behaviour Order or Sex Offender Order is made against a child aged between 10 – 17 in order to prevent further repetition of offences or ASB.
Child Safety Orders relate to children under 10, who are placed under supervision by the Orders.
Legal Remedies.
Injunctions
Injunctions can be sought from Courts and unlike Possession Orders can be used either directly to restrain or restrict the activities of tenants or against third parties (including owner occupiers), who are affecting the lives of tenants or disrupting a neighbourhood.
Injunctions (the actual Orders of the Court) can usually be obtained more quickly than a Possession Order (sometimes within hours) and witnesses are not always required to attend court for Interim Orders to be granted. Such Orders may negate the need for lengthy possession proceedings. Injunctions are considerably cheaper to obtain than Anti-social Behaviour Orders in terms of both financial cost and time.
Under the ASB Act 2003, the circumstances in which housing injunctions can be used have been expanded and provide new powers to Registered Social Landlords.
19 Further work is needed to identify the potentially wider use of Injunctions as a legal remedy against ASB, including, for example, when they are considered appropriate and what pre- legal investigation needs to be carried out.
Anti-Social Behaviour Orders (ASBOs)
Anti-Social Behaviour Orders have been available for use since April 1999 under powers granted by the Crime and Disorder Act 1998 to local authorities and the Police. They can be obtained in the Magistrates Court against anyone aged 10 or over, who has acted in an anti-social manner and where the Order is considered necessary to protect people from further anti-social behaviour. An ASBO normally remains in force for a minimum of two years and a breach of such an Order is an arrestable criminal offence. Orders can be made against any individual, regardless of housing tenure, including individuals in private property. The Orders are intended to tackle both behaviour, which is likely to escalate to a criminal level, and patterns of behaviour which cumulatively cause harassment, alarm or distress to the community, but which do not consist of single acts which are sufficiently serious or sufficiently clear cut to be prosecuted as criminal offences. The powers have recently been extended to include application for such Orders by Registered Social Landlords. The terms of such an Order can only be prohibitory and only those necessary to protect people in the area from suffering further anti-social behaviour. The Anti-Social Behaviour Act 2003 introduced new measures for ASBO applications to be made in the County Court, on the back of Possession Proceedings. The Act also saw the removal of reporting restrictions on Anti-Social Behaviour Orders made in the Youth Courts. Despite a breach of an ASBO being a criminal offence, under the same legislation, Local Authorities may prosecute any such breaches regardless of where the Order was obtained.
Orders of this type can be expensive and time-consuming to obtain (approximately £5,000+ and involve several weeks/months preparatory work). Experience gained suggests that they should only be considered as a last course of action when other interventions have been tried and found to fail. Nevertheless, there may be cases where applications for such Orders are appropriate.
Post Conviction Anti-Social Behaviour Orders (CRASBO’s)
The Police Reform Act 2002 made it possible for an ASBO to be applied for, by the Police, at the point of sentencing, post conviction. The Order is identical to that above; it is simply the mode of application which differs. Having consideration of the costs incurred, in the above ‘stand alone’ applications, CRASBO’s are a much cheaper alternative to achieving the same end. However, the Local authority should not delay application for an ASBO simply because the possibility exists for the Police to make an application at a later date. The Criminal Courts have the powers to impose such Orders in the absence of any formal application, should they deem it appropriate.
Possession Orders
Possession Orders relate directly to the Tenancy Agreement and the terms and conditions of the tenancy and there are two main relevant grounds for possession under current legislation:
Breach of tenancy agreement Ground 1 Housing Act 1985 Nuisance and annoyance Ground 2 Housing Act 1985
The Council will use these grounds to obtain Possession Orders if all the factors above are satisfied and if it is firmly believed that the Court will consider it reasonable to grant
20 possession. Any eviction as a result of a Possession Order is seen as a last resort and the Council must still be aware of the possible consequences and effects of such action.
Demoted Tenancies
Part II of the Anti Social Behaviour Act 2003 gives social landlords including local authorities new and more effective tools to deal with ASB. One of these tools is a provision to allow the local authority to apply to the Court for a Secure tenancy to be brought to an end by a Demotion Order. Upon granting of the Order, the tenancy is replaced with a less secure form of tenancy.
The Court may make the order if the tenant, another resident of or visitor to the tenant’s home has behaved in a way, which is capable of causing nuisance or annoyance or includes using the premises for unlawful purposes
The Demotion Order gives a serious warning to the tenant, since if they continue to misbehave swift action can be taken to end their tenancy. It also removes a number of their tenancy rights, thereby acting as a positive incentive to the tenant to change their behaviour: if they stop causing problems, they can regain a higher level of security and rights. The scheme provides a clear linkage between the enjoyment of the benefits and rights of security, and responsible behaviour.
The demotion will initially last for 12 months but may be extended if the landlord serves notice to seek possession of the property during this period.
21
Appendix One
Charnwood Borough Council Housing Services
Nuisance/Anti-Social Behaviour (ASB) Policy
22 In common with other Social Landlords Charnwood Borough Council is increasingly concerned with issues of anti social behaviour (ASB) affecting tenants. The policy sets out Charnwood Borough Council’s approach to this increasing problem.
Principles
The key principles of the policy are:
• Charnwood Borough Council will take firm and prompt action to prove cases of Nuisance and Anti Social Behaviour
• The wishes of the victim(s) will be taken into account
• A full range of preventative and enforcement action will be considered and adopted where appropriate
• A multi agency approach will be pursued wherever appropriate
• Additional resources will be made available to support these principles
1. Resources
The remedies for nuisance and ASB cases can be costly. The policy sets out Charnwood Borough Council’s willingness to consider such measures as surveillance, additional security measures, victim support, private investigators and legal action.
2. Implementation
The policy will be implemented immediately through the Housing Services Manager.
23 POLICY STATEMENT
Purpose
1. To establish the aims, principles and values which will be followed by Charnwood Borough Council in managing nuisance/ASB affecting tenants and residents so as to:
a) Create safer, more attractive living environments for tenants b) Support victims c) Mediate in areas of dispute d) Take swift, firm action against perpetrators e) Work in partnership with external agencies
Scope
2. Review of the policy will be undertaken by the Housing Services Manager and the Housing Policy and Strategy Team
Definitions
3. • Nuisance; is used as a general term to describe all forms of behaviour by tenants and others that adversely affect tenants and residents of Charnwood Borough Council and others.
• Anti Social Behaviour; is defined as behaviour, which conflicts with society’s accepted norms, and standard, which adversely affects the quality of life of another.
• Harassment is behaviour deliberately intended to intimidate, dominate or harm an individual or group.
3.1 IN THIS POLICY STATEMENT THE WORD “NUISANCE” IS USED TO COVER ALL FORMS OF ANTI-SOCIAL BEHAVIOUR, HARASSMENT AND OTHER BEHAVIOUR, WHICH ADVERSELY AFFECTS OTHERS.
3.2 Examples of nuisance are:
a. Incidents of violence b. Threats of violence c. Vandalism and graffiti d. Insulting and abusive behaviour e. Loud music and noise f. Car repairs and abandoned vehicles g. Nuisance caused by animals, pets and birds h. Drug and alcohol related problems i. Litter and rubbish dumping j. Use of residential premises for commercial activity k. Criminal activity
24 3.3 ‘Tenants’ refers to both sole and joint tenants of the Council.
3.4 Charnwood Borough Council recognises that nuisance is caused by the behaviour of a minority, individuals or groups. The victims may be individuals, families or groups of people who feel that the actions of others adversely affect their quality of life.
Policy
4. Policy Statement
Charnwood Borough Council has a legal duty and moral responsibility to permit the quiet enjoyment of their homes by all residents and tenants, without fear for their safety and well-being. Charnwood Borough Council is committed to pro-actively tackling nuisance, and will ensure that effective procedures are used to tackle causes and consequences, take action against perpetrators and support victims.
Charnwood Borough Council has a responsibility to deal with racial, sexual and other forms of harassment, and will adopt specific procedures to manage such cases as promptly and effectively as possible.
Perpetrators of nuisance will be offered every opportunity to modify their behaviour. It is recognised however that some perpetrators of nuisance will not take the steps necessary to address their behaviour and Charnwood Borough Council will pursue legal enforcement where joint negotiation and conciliation have proved fruitless. In extreme cases such as drug dealing, the authority may apply for direct legal enforcement action without joint negotiation and conciliation. Such action could include Housing Injunctions Anti-Social Behaviour Orders (ASBO’s) and Demoted Tenancy Orders.
Charnwood Borough Council recognises that nuisance may be linked with criminal activities and is therefore committed to close liaison and co-operation with the Police in the resolution of these problems.
The care and support of victims is vitally important. Charnwood Borough Council will work closely with statutory and voluntary agencies in providing emotional and practical support to assist victims in both coping with their problems, and supplying evidence for use in the court when required. Wherever possible, the view of victims will determine our approach to dealing with nuisance. If there are wider implications for the community as a whole, we will take on the wider communities’ views in determining our approach to dealing with nuisance.
Charnwood Borough Council will use all available legal powers to address nuisance and encourage the Police and others to use appropriate powers to contribute to community safety. Charnwood Borough Council will support partnerships and joint working, including protocols on sharing information.
Elements of the Policy
4.1 Tenancy Agreement
All new tenants of Charnwood Borough Council are informed at sign up about their contractual obligations under the terms of the Tenancy Agreement. This ensures
25 that all tenants are aware of both Charnwood Borough Council’s responsibilities and their own obligations under the contract. Charnwood Borough Council will enforce the terms of the contractual agreement in all cases where there is sufficient evidence of nuisance to enable the Council to act without placing victims or others at risk.
4.1.1 Introductory Tenancies
The Housing Act 1996 permits the use of Introductory Tenancies for all new tenants of Local Authorities. Introductory Tenancies restrict the rights of tenants in the first 12 months of their tenancies as follows:
• Reduced protection from eviction against breaches of tenancy • No Right to Buy • No right to transfer, exchange, take in lodgers
Charnwood Borough Council has adopted the use of Introductory Tenancies for all new tenants.
4.1.2 Physical Measures
In the design of new homes and reinvestment in existing stock, Charnwood Borough Council will consider physical measures to reduce the potential impact of crime and nuisance, for example: sound insulation, lighting, boundaries.
26 4.1.3 Complaints Process
Charnwood Borough Council will respond positively where complaints of nuisance are received. Housing staff will work to detailed procedures setting out how the Authority will intervene. Charnwood Borough Council will consider a wide range of responses at each stage of the process, including for example, use of mediation, gathering/collating evidence, Acceptable Behaviour Contracts (ABC’s) and/or legal action for possession, injunctions, demoted tenancy orders, Anti Social Behaviour Orders (ASBO’s) and rehousing options.
4.1.4 Victim Support
Charnwood Borough Council acknowledges the trauma experienced by victims of nuisance, and will seek/provide support for victims appropriate to the individual needs of each case.
Wherever possible, the wishes of victims will be taken into account when deciding on appropriate action.
Charnwood Borough Council will consider a range of actions to support victims, including for example, recording equipment, professional witnesses, rehousing, and referral to support agencies. Rehousing will only be offered in extreme circumstances.
Charnwood Borough Council will provide appropriate resources to enable evidence to be gathered.
5. Estate and Area Management
Charnwood Borough Council will work closely with the Police, and other agencies in managing estates in the areas where it owns stock and will endeavour to provide a safe and peaceful environment for its residents.
Charnwood Borough Council will encourage and support co-operation with other agencies, and will take part in, and co-ordinate, local initiatives that aim to contribute to community safety and development of stable neighbourhoods.
6. Monitoring and Review
Charnwood Borough Council will monitor its performance in this area in the following ways:
1. The Housing Services Manager must approve all evictions for nuisance.
2. Introductory Tenancies will be monitored regularly
3. Regular legal action reports to the Housing Services Manager.
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Appendix Two
Charnwood Borough Council Housing Services
Procedures for Dealing with Nuisance and Anti-Social Behaviour
28 A Purpose
The procedure details the steps that will be followed when investigating incidents of Nuisance and Anti-Social behaviour.
B Scope
a. The Housing Services Manager in conjunction with the Housing Policy Officer, will implement and review these procedures.
b. The Tenancy Services Manager is responsible for ensuring that this procedure is followed consistently throughout the borough.
c. All staff who receive notification of a nuisance issue, either verbally or in written form, have a responsibility to ensure that the matter is investigated in accordance with this procedure.
C Definitions
“Nuisance and Anti Social Behaviour” is defined as behaviour which disturbs the peaceful enjoyment of another, either directly in the form of harassment where one or a number of individuals select a specific individual as a target of nuisance behaviour, or generally, where disturbance can be caused by individuals or groups in a locality that presents a disruption to the lives of others.
D Risk Factors
The risk factor is high as incidents of anti social behaviour which remain unresolved can lead to a decline in the reputation of an area, which can adversely affect the letting potential of the area over time. In addition, a poor response in this area of Housing Management leads to a poor reputation for the Authority, which is unacceptable.
E Process
THE FRAMEWORK FOR CASE MANAGEMENT
This framework is designed to reflect and work in harmony with Charnwood’s Corporate policy and procedure when dealing with Anti Social Behaviour. The framework is therefore, arranged in levels of resolution and is designed to provide timely, effective and inexpensive remedies while at the same time evidencing that reasonable, considered steps have been taken prior to full and costly enforcement proceedings.
It should be noted that all Signatories to the Protocol agree to inter-service and inter-agency assistance in relation to neighbour disputes and anti-social behaviour. Agreement has also been reached that appropriate services and agencies will participate in case conferences to agree an approach to dealing with incidences of anti-social behaviour.
29 Written inter-agency protocols and guidance to facilitate communication and disclosure of information have been developed and made available to all staff.
It has also been recognised that in order to deal with Anti Social Behaviour effectively any one agency may be the "Lead agency" in cases as appropriate. The “lead agency” is defined as that agency which takes/receives the first initial call of complaint.. The “lead agency” can/could change as a case develops.
Lead Officer
The lead officer for the purpose of this procedure will be the officer from the service/agency that is leading on the initial complaint to an issue of anti-social behaviour. The aim is to resolve as many complaints at the earliest stages as possible, through normal working arrangements.
Anti-Social Behaviour Co-ordinator
The Framework involves relevant services and agencies working in partnership to seek resolutions in particular to the more serious/complex/problematic cases.
To facilitate an effective approach to Anti-Social Behaviour as outlined in this Protocol a role of Anti-Social Behaviour Co-ordinator will be established. The duties of the officer will be to:
• Facilitate the process • Establish relevant membership of the Steering Group, Working Groups and Legal Intervention Team • Convene meetings • Act as secretariat to the above • Collect and record data on anti-social behaviour incidents supplied by services and agencies. • Develop common partnership referral forms • Develop an agreement supporting joint information sharing protocols • Develop a communication and publicity strategy • Lead the periodic review of this protocol • Act as a filter for complaints referred to in level 2 of the framework
The ASB Co-ordinator will not usually act as a lead officer at the outset; rather this role would be undertaken by a member of staff from the agency (Lead Officer – see above), primarily involved in the case at hand (see Appendix B). The ASB co-ordinator will work with the Lead Officer in managing individual cases through the Framework and will take on the Lead Officer role in particularly complex or difficult cases. The Council’s Policy and Planning Unit will provide secretarial support to the ASB Co-ordinator and for the framework outlined below. THE FRAMEWORK
30 The Framework comprises 2 levels as follows:
Level One Anti-Social Behaviour Steering Group
Level Two Anti-Social Behaviour Legal Intervention Team
The Framework includes proposed triggers indicating when to move to the next level –see flow chart at the back of this procedure.
It is expected that ‘low level’ issues that might involve anti-social behaviour should be acted upon initially by the Lead Agency (with others as necessary) to achieve resolution through normal service procedures. If they are unsuccessful or are judged likely to be unsuccessful then the matter needs to be brought to the Anti- Social Behaviour Steering Group.
In all cases data about anti-social behaviour needs to be fed to the Anti Social Behaviour Co-ordinator.
The ASB Co-ordinator will:
• Receive, record and acknowledge the complaint • Deal with it at local level and within agency policy/procedures • Liaise with other agencies if and when required, based on agreed inter-agency protocols
Level One - Anti-Social Behaviour Steering Group (Housing Services, Environmental Health, Police, Social Registered Landlord, Legal Services, Social Services, Tenancy Support etc)
A group comprising lead officers and practitioners from relevant agencies that seeks resolution through joint intervention and action planning. The group will be responsible for the following:
• Clarify the type and nature of the complaint • Assess its severity • Review the nature of the complaint, the current situation and interventions to date • Consider available interventions • Decide on action plan • Gather information and evidence on specific cases and resolved incidents • Consider warning letter to perpetrator • Monitor case – send data to co-ordinator • Resolve case • Report back to originating agency • Consider advising complainant/parties to case of progress made
Where appropriate, the Steering Group will identify members of a ‘Working Group’, whose responsibility will be to progress specific complaints, implementing action plans as necessary and to feed back their progress, to the Steering Group, on a regular basis.
31
The Anti-Social Behaviour Steering Group will meet regularly (monthly) to monitor and review cases and the actions taken by Working Groups.
The Steering Group will pay particular attention to the following Trigger Criteria, which may be identified during Steering Group meetings or fed into the meeting by Working Groups:
Trigger:
! Situation remains unresolved in anticipated timescale – intervention has not worked and additional support is needed ! Escalation of situation
If the Trigger Criteria are met, the Anti-Social Behaviour Steering Group will refer the case and prepare it for submission to next level with a view to seeking legal sanctions.
Level Two – Anti-Social Behaviour Legal Intervention Team.
A group comprising managers from relevant partnership agencies that reviews referred cases and considers options for legal sanctions such as Anti- Social Behaviour Orders, Injunctions or to implement other interventions.
• Review the referred case including action taken by the Steering Group and any relevant Working Group • Review available information and substantiating evidence • Consider any new interventions • Consider a final warning- usually a letter before action • Consider suitability and type of legal sanction appropriate • Form Action Plan • Seek relevant approval for legal sanction • Start legal sanction process • Monitor situation
Fast Track:
It is intended that the framework will enable a fast track process for acute and serious incidents of Anti-Social Behaviour requiring an immediate intervention partnership approach i.e. the omission of Level One from the process outlined above, and immediate legal intervention by way of Level Two.
Housing services frontline procedure
i. A complaint about incidents of nuisance and anti-social behaviour will be accepted either verbally or in writing. ii. The complainant can report the incident in person, via telephone, fax, e-mail, via a person or agency acting on their behalf.
32
iii. The complainant does not have to be identified at the reporting stage, but in the interests of conflict resolution, it is useful to know all parties in the dispute to ensure effective communication at all stages in the investigation process.
iv. The complainant does not have to confirm the complaint in writing, the initial complaint, if made verbally, is sufficient to commence the investigation.
v. The term “complaint” for the purpose of the procedure refers to verbal or written complaint about the actions of a neighbour or of someone else, who is causing nuisance, alarm or distress to the complainant.
vi. All complaints received, whether verbal or written, should be recorded on the corporate Anti Social Behaviour database. The Housing Officer who’s geographical patch the complainant is located will be responsible to register the complaint. In there absence their shadow/ partner Housing officer will take responsibility. The Housing Officer taking the report should check if this is the first time the person has reported this case to the Department. The Anti Social Behaviour database will record ALL the details of the complaint.
vii. All Officers receiving complaints of nuisance must decide if the complaint needs dealing with straight away. If the complainant describes an act of violence or threat of violence towards the complainant, or if the property has been damaged deliberately to frighten or intimidate the complainant, then the complainant must be dealt with immediately. In such cases the complainant will need interviewing within a few hours. If Housing Officers are in any doubt of the urgency of the situation, they must discuss the case with either Area Housing Manager or the Tenancy Services Manager.
viii. All complaints shall be logged/ recorded immediately following receipt of the complaint.
ix. All officers receiving complaints must record on the ASB database whether the neighbour problems are racially motivated, and whether the complainant is suffering incidents because of their race.
x. A decision then needs to be taken whether the complainant should be issued with diary sheets, which include guidance on completion.
33 xi. Once the communication with the complainant has ended, the person completing the ASB1 form should: -
Create a new case on the ASB database inputting the name of the alleged perpetrator. When the name of the alleged perpetrator is not known, or where there are multiple perpetrators, extended reference to this should be made on the notes field.
A copy of the notes/ history recorded on the ASB database should be placed on the house file for future reference.
F Referring the complaint for investigation i. All complaints shall be referred to the appropriate Housing Officer immediately. The appropriate Housing Officer shall receive the referral on the same day that the complaint is made. If the appropriate Housing Officer is not in work on the day the complaint is received, the matter shall be referred immediately to either Area Housing Manager or the Tenancy Services Manager, who shall determine what action, if any, shall be taken and by whom. ii. The ‘appropriate’ Housing Officer shall be the officer with specific responsibility for the area where the complainant lives. In the event that complainant is an agency i.e. the Police it will be the Housing Officer where the perpetrator lives who will take responsibility.
G. Investigating the complaint.
The Complainant. i. The Housing Officer shall commence the investigatory procedure by contacting the complainant, if known, and/or victim of the nuisance, to arrange a home visit or office interview, to discuss the matter in detail. In certain circumstances, particularly where instances of violence or threatening behaviour are evident, the complainant may prefer an office interview so that the presence of the Housing Officer at their home does not serve to inflame the situation. This initial contact shall be made normally within 48hrs (2 working days) of receipt of the complaint by Tenancy Services. ii. A visit or interview will normally be conducted with the complainant within a further three working days and therefore within a maximum of five working days since the receipt of the complaint. iii. The visit or interview with the complainant will establish the full facts of the case, gathering existing evidence that may already be apparent i.e. photographs of damaged property, copies of completed diary sheets detailing incidents, the use of surveillance equipment e.g. video or audio evidence of activities etc. The full facts of the case shall be recorded during this interview or visit. iv. An action plan will be completed with the complainant, and all possible investigations will be discussed. The various courses of investigation will include: the Housing Officer putting the allegations to the “perpetrator”; a formal letter to the perpetrator, seeking further information from neighbours, contacting the local
34 police, mediation, using evidence gathering equipment to establish levels of nuisance etc. Both the complainant and housing officer will agree and sign the action plan. v. If the Housing Officer feels that the complaints, if true, are serious enough to consider legal action at this early stage, then the pros and cons of seeking legal action must be discussed with the complainant. If the Housing Officer judges that the talk of legal action is premature and may reduce the likelihood of a mediated or amicable resolution, then discussing the needs of witness statements and solicitors should be reviewed. vi. The complainant shall be asked to sign the action plan as confirmation of the agreed course of action. This initial action plan shall be reviewed throughout the investigatory and monitoring process to ensure that it remains relevant and realistic. vii. The Housing Officer shall consider the appropriate methods/level of victim support that can be offered by the Authority. These requirements shall be incorporated into the action plan that is agreed with the complainant. Rehousing shall always be considered an option at this stage and considered throughout future reviews of action plans as a sensible solution to intractable disputes. However, please note: it is not policy to resolve neighbour nuisance complaints by transferring the problem elsewhere within our stock, or to another neighbourhood or community. The policy and procedure is designed to challenge and to stop anti- social behaviour by prevention, diversion and enforcement action, and by supporting witnesses in their homes. viii. In serious cases of nuisance and anti social behaviour, the Housing Officer must offer the complainant, or witness good quality support. The complainant shall be issued with contact details for the Housing Officer or the Area Housing Manager during working hours. Clear instructions must be given as to emergency situations. Any threats, vandalism, violence must be reported to the Police and then Housing Services. The witness must complete diary sheets at all times and must be in close contact with the housing officer. ix. The complainant shall be issued with diary sheets to record further incidents, and necessary stationery or equipment shall be provided or loaned by the Council i.e. notebooks, pens etc. The importance of keeping accurate and legible diary sheets must be stressed to the complainant. The Housing Officer must check the quality of the evidence on a regular basis. x. On return to the Housing Office, the Housing Officer will seek to obtain corroboration via existing information with the Community Safety Team or information held on file or computer, enquires with outside agencies or the police, requesting additional and supportive information etc. These enquires may require written conformation before such agencies will respond; therefore the “Agency information request letter” shall be used. xi. At all times, the Housing Officer shall ensure that the computerised Case Progress database is kept updated with progress throughout the investigatory process, so that all staff can enquire after cases, if required.
The Perpetrator
35 xii. The Housing Officer shall arrange an office appointment with the alleged perpetrator to discuss the complaint usually within 7 working days of receipt of the initial complaint. xiii. At this stage in the investigation, the officer should withhold the identity of the complainant or the victim i.e. if allegations of noise, indicate that a number of complaints have been received, so that individuals are not targeted in retaliation. The Housing Officer shall also look for additional evidence of tenancy contravention, such as damage to the property, unkempt gardens , rent accounts in arrears etc either by observation or by checking other records. It should be noted that there might be other avenues available to the Housing Officer on which action can be taken that does not wholly rely on the evidence of a near neighbour e.g. criminal convictions, experience of the Housing Officer in dealing with the individual etc. The approach taken with each individual case must, to some extent, rely on the judgement of the Housing Officer dealing with the case at the time. xiv. Whichever approach is adopted, the single most important task of this interview is to present to the alleged perpetrator exactly what the reported problems are. It must be perfectly clear to the ‘perpetrator’ the nature of each problem e.g. late night disturbances, car repairs, abusive language, etc. The Housing Officer must seek and record the response of the ‘perpetrator’ to each problem. xv. If the perpetrator admits to causing a problem, the Housing Officer shall warn them of acceptable modes of behaviour and that the situation will be monitored to ensure compliance. The perpetrator shall also be warned of the possible consequences should they fail to comply as instructed i.e. possible eviction, injunction ,demoted tenancy and/or ASBO. xvi. If the perpetrator denies the allegations, the Housing Officer shall warn them that the situation shall be investigated and monitored, and the consequences for the perpetrator, if the facts of the case are proven, should be communicated to the perpetrator in writing. xvii. Discussions with the alleged perpetrator may provide the Housing Officer with additional facts, which indicate that the problem is more of a “neighbour dispute” then an issue of nuisance and anti social behaviour, and a more cautious approach needs to be adopted when deciding on an Action Plan. The Housing Officer shall seek immediate guidance from the Area Housing Manager at this stage to clarify the most appropriate action to take. xviii. On completing the interview, the officer shall review the finding of the case so far, and reach an informed decision about the most appropriate and realistic course of action. The Housing Officer shall then write to all parties involved, informing them of the course of action to be followed, and the consequences that may follow if the problem persists. xix. When reviewing the case, the Housing Officer shall be aware of the issues that may require a referral to the ASB Steering Group through the Community Safety Team, Social Services or Education Welfare department of the Local Authority, such referrals should be brought to the attention of the Area Housing Manager at the time of referrals are made.
36 xx. Referral shall also be made to the Environmental Health Department if the complaint relates to an area of their responsibility – at all times close liaison shall be maintained with the Council’s Community Safety Team. xxi. Copies of all correspondence should be filed immediately in the relevant house files and the progress of the case updated on the ASB database. Keep the correspondence relating to the complaint and perpetrator response on the alleged perpetrators house file at this early stage.
37 H Monitoring the Nuisance Complaint i. The Housing Officer shall monitor cases on a weekly basis for the first 4 weeks following receipt of the complaint, and then on a monthly basis until the matter has either been resolved to the complainant’s satisfaction, or there is insufficient evidence being collected to progress the case to the next stage. If the matter is resolved, a letter shall be sent to all parties expressing the Council’s appreciation for their co-operation. If the matter is inconclusive, the Housing Officer shall review the case with the Area Housing Manager to establish whether further action is appropriate, or whether the case should be closed. The case progress sheet should be updated with this decision. ii. The monitoring procedure shall take the form of regular telephone calls to the complainant to check progress (as actual visits can be inflammatory), and collection of completed diary sheets, to check validity/extent of the problem. The ASB database shall be updated at each stage. iii. The Housing Officer shall consider additional means of gathering evidence if it is felt that the employment of surveillance staff or equipment is appropriate, and regular formal and informal contact with the Police is essential in ensuring the safety of the complainant and all concerned – this should be done through the Community Safety team, If there is confirmation from the Police that the alleged perpetrator has been convicted of an offence which would reflect anti-social behaviour in the locality i.e. burglary of a property in the locality, drug offences etc. the matter can be escalated to possession action if deemed appropriate by the Area Housing Manager and Housing Services Manager, in consultation with the Community Safety Team/ ASB Coordinator. iv. The Area Housing Manager shall consider all the facts of the case before requesting the employment of surveillance services. v. If the problems have not been resolved and the case is to continue evidence such as incident diary sheets, all correspondence, the tenancy agreement of the perpetrator, witness statements, photographs, etc. shall be gathered within the house file of the perpetrator.
38 I Escalation of Action i. If the problem persists following the warning visit to the perpetrator and the confirmation / first warning letter that was sent at the outset of the investigation, a final warning letter shall be sent to the alleged perpetrator, warning of the legal consequences should the problem continue to persist. ii. Contact shall be made with the complainant to ensure compliance with the final warning letter within 5 working days of the letter being sent to the alleged perpetrator. The situation shall be monitored to ensure compliance for the next three months before the case is closed. iii. If the problem continues to persist, the Housing Officer shall present all supporting documentation to the Area Housing Manager, together with a printed copy of the case progress sheet - and when appropriate full discussions should take place with the Community Safety Team the ASB Steering Group in order to decide whether legal action is appropriate. iv. If there is any doubt as to the preferred course of action between Housing and Community Safety Team the Housing Services Manager shall decide the appropriate course of action. v. Once the decision has been taken to pursue legal proceedings the Area Housing Manager in conjunction with the ASB Coordinator will confirm that the quality of the work carried out in the case is at the required standard and will confirm in writing the authorisation for legal action to start. The case file and all supporting evidence, including the printed copy of the ASB database progress sheet, will then be sent to Legal Services, together with written instructions for their prompt action. The case progress sheet will be up dated to reflect this action. vi. In most cases, it is advisable to issue Notices of Seeking Possession only after sufficient evidence has been gathered to proceed to court. However as there is no legal requirement to wait 28 days between issue of notice and applying for a court date this action will be considered in the most serious of cases i.e. racial attacks. – Please note in all cases a Notice to Demote the Secure tenancy should also be served with but separately to the NSP. vii. If the complaints and problems relate to an Introductory Tenancy then the Housing Officer and the Area Housing Manager can issue a Notice of Possession Proceedings. It is very important that the investigation into Introductory Tenancies is conducted to the same high standards of accuracy and thoroughness as for Secure Tenancies. viii. If possession action is to be followed, the case will continue to be monitored closely and further evidence will be gathered throughout the period leading up to the case being heard in court. Care shall be taken to guide witnesses through this period, as success in court is dependant on the quality of evidence presented.
ix. Consideration shall always be given to the provision of mediation services as an alternative to escalation, if thought appropriate to the case involved. It is often also worth considering the issuing of an Acceptable Behaviour Contract. Decisions relating to the employment of external mediators shall be discussed with the Area Housing Manager who will need to authorise usage.
39 x. At all times consideration shall be given to the safety of staff and staff shall not place themselves at unnecessary risk in attempting to resolve problems of nuisance and anti- social behaviour. If staff feel that they are being placed in a dangerous or high- risk position, the Area Housing Manager must be informed. xi. Nuisance and Anti-Social Behaviour issues on multi landlord estates or with owner occupiers should be dealt within the same way as stated above, but referrals shall be made to other landlords where their tenants are involved or the Community Safety team when an owner-occupier is involved. xii. All perpetrators, who leave their properties following incidents of Nuisance and Anti-Social Behaviour, either via eviction or of their own accord, shall be recorded on an exclusion list held by the Council.
40 Overview
Neighbourhood Nuisance Procedures.
STAGE 1. Receive and Record the Complaint.
Officer receives complaint.
a. Officer logs complaint on ASB database, record name of complainant and the alleged perpetrator
b. Issue diary sheets – only if appropriate, in severe case of ASB immediate action will be required and therefore diary sheets will not be appropriate.
c. Place a copy of the ASB progress sheet at regular intervals on the house file for future reference.
Once Case Received by Housing Officer
i) Read all complaints> Send letter of acknowledgement, stating intent for further investigations.
ii) Contact will be made within 2 working days
iii) Visit/Office interview within 5 working days,
iv) Has the complainant discussed with alleged perpetrator?
NO > Ask tenant to talk to the other party to seek amicable resolution. (Only when it is a minor issue i.e. dog barking, and no risk of violence.)
YES> Go to next question.
v) Can the complaint be resolved without further investigation?
YES> Send letter informing complainant. Close down case.
NO> go to stage 2
Neighbourhood Nuisance Procedures.
41 STAGE 2. Initial Investigation, Define and Assess Complaint.
♦ Interview complainant to establish the facts as he/she sees them.
♦ Define the problem e.g. noise, harassment.
♦ Assess the severity and if applicable arrange immediate support for victim, e.g. emergency repairs. Liaise with/ refer to other relevant agencies, such as Victim Support.
♦ Advise complainant of possible options including what they can do to resolve the problem. Inform them of court option and possible requirement for them to attend and give oral evidence. Advise complainant that no decision on action can be given at this stage of the investigation.
♦ Agree plan of action with complainant e.g. keep incident diary, interview perpetrator, and formulate a written action plan to be signed by both complainant and Housing Officer. Throughout the procedure complainant and witness names must remain confidential
Neighbourhood Nuisance Procedures
STAGE 3. In-depth Investigation, Collect and Evaluate Evidence.
" Interview perpetrator and listen to their view of the situation.
" Collect and evaluate evidence e.g. witness statements, from other neighbours, reports from other agencies, photographs of injuries or damage to property.
" Consider Management and legal options and discuss possible action with both parties where appropriate.
" Write to perpetrator and complainant stating course of action to follow.
Neighbourhood Nuisance Procedures.
STAGE 4. Take Remedial Action.
42
# If problem persists, seek and support action by other agencies, e.g. Community Safety team and ASB Steering group where necessary.
# Take Management action
1. Send second and final warning letter
2. Or, Mediation where appropriate.
3. Consideration of moving victim or perpetrator. (Only in exceptional circumstances)
# If problem persists
Re-visit all witness/complainants with a view to taking a witness statement from them (Refer to statement taking guide). Consider incorporating incident diary sheet information into the witness statement, expanding on it as much as possible. Explain the proposed course of action following the signing of this statement. Never pressurise a witness into giving/signing a witness statement, however, inform the witness that the proposed action may be limited without corroborative evidence.
! Consider the options:. Issue Notice of Seeking Possession and Notice to Demote the tenancy and seek interim Housing injunction/Offer ABC, Consider ASBO after consultation with Area Housing Manager/Housing Services Manager and ASB Cordinator
# If problem persists
! instruct legal services, who will issue appropriate Proceedings, after obtaining consensus from Housing and Community Safety Team when necessary.
! Attend court dates for directions hearings etc, when advised by Legal Services.
! Inform Head of Housing of successful/unsuccessful legal actions.
! Inform Press Office of successful legal actions.
Closing a Case
Once a case has been finalised, it is important that the results of the case be recorded for monitoring purposes. Closing a case must be agreed with an Area Housing Manager. All interested parties must be informed in writing that the case is to be closed.
43 Investigation/ Seeking out Evidence
HOW DO I KNOW WHERE TO FIND MY EVIDENCE?
Start from your first complaint, this may be: - a) A telephone call b) A letter c) A report by a board member d) A complainant in person, e) A petition
1. Up-To-Date and Accurate Information
Make sure the information, however received, is fully and accurately recorded, as this will form the base of your future actions. Even if the complainant (or later witness) does not want to take action or appear to give evidence, record everything that is said, by whom, with details and dates. There are two major reasons for this:
i) You need a detailed base from which to find other information and witnesses;
ii) If you have to use the information as hearsay, it will be easier to corroborate and will carry greater weight if contemporaneous, detailed and accurately.
1. Monitoring Sheets
Give monitoring sheets to all identifiable witnesses immediately. Inform the witness how to use the sheets and the importance of the records. It is essential that the matter be kept under constant review and check progress. Establish the situation in the light of the information available. Speak to as many people as possible, both to identify witnesses and to assist in establishing the truth of the situation. Remember that information gathering is a continuous exercise both before taking action and after, as it may extend even beyond the granting of the order.
44
I. Police Liaison.
Even before you become aware of an incident it is good practice to establish a good relationship with the local officer for your ‘patch’. Ask them to assist you by making notes of incidents be it civil or criminal. Whenever you are made aware of an incident, contact the police officer that attended. Ask witness/ tenants to make a note of incident numbers. Establish whether the officer will assist in the housing case i.e. attending in any future court case. If there are to be criminal proceedings, it is not always necessary to await the outcome.
II. Confidential Information
Be wary of discussing confidential information (e.g. whether certain children are involved with Social Services) directly or indirectly in front of members of the public.
III. Detail
It is crucial to obtain detail of any threats, intimidation or violence towards potential witnesses, as this may be useful in terms of obtaining injunctions, editing details of identity and/ or bringing their evidence as hearsay evidence. Do not rely too heavily on hearsay evidence, as it is rarely successful as primary evidence in civil proceedings. This is because there is not the opportunity for cross-examination.
IV. Environmental Health
Liaise with and involve Environmental Health in all cases involving accumulations of waste, animal nuisance, noise and other potential statutory nuisances. They are able to give expert witness evidence and take action independently.
V. Professional Witnesses
In cases where the exact cause of the problem is difficult to identify or evidence remains a problem, then professional witness may be considered. However this is an expensive option and should be only used as a last resort and under appropriate authorisation.
VI. The Actions System By keeping a computerised case progress sheet it helps to simplify data collection by recording all information received and actions identified from each record
VII. Community Safety Team
Keep the Community Safety team i.e. the ASB Coordinator advised of the progress of your case, ensuring where necessary that you hold a case conference with your line manager and the ASB Coordinator before escalating the case towards legal action
Investigation and Presentation.
HOW DO I TAKE EVIDENCE?
45
Take statements by: Having a general chat first – prompt and then wait, let the witness do the talking. Ask the questions and listen.
1. Let the witness talk and guide the witness, do not direct the witness. Lead the witness through in a chronological order by prompting – take the statement in the witness own words as far as possible.
2. Obtain detail. The kind of detail you should try and pick up, would be if the perpetrator threw a brick through the window, where did he get the brick from, how can you be sure it was a brick, where was he standing, who else was with him, what happened next? Do not assume knowledge, get details this is vitally important.
3. If the witness is unsure do not put words into their mouth. Try lateral thinking by prompting e.g. if the witness is unsure of the time of day the incident happened, ask what they where doing before the incident happened, if they were watching television for example, what was on at the time etc. Watch for discrepancies in your own witness, e.g. could they really see what they are claiming? Is there contradictory evidence?
4. Make sure you check whether the witness has made any notes or obtained any other documents photographs or other evidence already. Make it clear to all witnesses they should retain everything, whether notes, messages, letters received, or any other item that may be relevant and take copies of everything.
5. Written records and statements carry far more weight if made at the time or soon after the incidents described. Any record will suffice, photographs, letters, monitoring sheets, on pieces of cardboard, provided that they are made and signed by the person who produces them. Witness should be encouraged to make continuous records with anything said recorded, no matter how offensive. If the witness cannot read, then the statement should be signed by the witness, as been having read over to them and signed as accurate.
6. Assume the reader of the statement knows nothing. It is very easy to take local knowledge for granted. Set the scene by telling the reader exactly when, where, by what means, how the incidents relate to each other and how each piece of information is known.
7. If there are reasons why the witness will not, or cannot, appear in court, then make a note of those reasons – not in the statement but separately. Do not ask the witness to sign the statement in this case.
8. Alleged perpetrators can be dubious witnesses- the first rule is to obtain detail. Lies are most easily unveiled by detail and contradiction. By engaging the person in a conversational interview, through probing without being confrontational is a way of achieving this. Control the interview, let the person do the talking, but as soon as they start to ‘go off track’, bring them back on to the matter in hand.
9. Photographs are excellent for setting a mental picture and should be taken wherever the Court may be addressed to the positioning of an object, the properties of an object, the hazards of an object, or the state of a site or premises. Photographs should always be signed, referenced and dated by the person taking the photographs in case they are used as an exhibit in court.
46
10. Dates and times in contemporaneous records are vital. Check that incident dates coincide between witnesses and officers.
11. People can be unreliable in keeping records. Do not hand out monitoring sheets and think your job is done. A regular checking and prompting routine is essential for your witnesses to ensure good evidence.
The key aim for Charnwood Borough Council is to promote an environment, which is attractive, safe and healthy for its residents by making every effort to reduce crime and vandalism. Charnwood also aims to foster a sense of community belonging and pride where the disadvantaged and vulnerable are supported and represented.
In order to achieve these aims Charnwood Borough Council must effectively balance the rights of individual tenants with their responsibilities.
Crime and anti-social behaviour can be a feature of unpopular housing. If left unchecked, it can force out long-term residents, increase the number of voids and heightens the sense of decay. There is also a financial cost to the authority through loss of rental income.
47
Appendix Three
Charnwood Housing Services
Domestic Violence Procedural Guidelines
48
Housing Services Domestic Violence Procedural Guidelines
Introduction
Charnwood Housing has adopted the good practice principles of the Chartered Institute of Housing in having a policy and procedure for responding to incidents of domestic violence which involve tenants and other customers of housing services, such as homeless people and housing applicants.
There is a clause in the Tenancy Agreement making violence against other occupants a breach of tenancy conditions.
Domestic violence takes many forms. It is the physical, sexual, emotional or financial abuse of a person by a family member, partner or ex-partner. It can happen to anyone regardless of age, race, disability, sexuality, gender and lifestyle.
Publicity is promoted in various ways including the Charnwood Domestic Violence Forum.
Procedural Guidelines
Procedural guidelines on domestic violence for all housing staff will cover:
• How to recognise the problem
• Information about relevant legal provisions, such as criminal and civil law remedies, homelessness law
• How to interview victim
• Ensure that staff receive adequate training on how to deal with the various housing management, legal and tenancy issues relating to domestic violence.
• Encourage victims to report domestic violence problems to the Police at an early stage.
• Treat all information relating to cases of domestic violence as confidential and have procedures to ensure that such details and the names and addresses of victims are not passed to any third parties without the authorisation of senior management, which is given only on a 'need to know' basis.
• Conduct interviews with victims in privacy and in a sympathetic and non- judgemental manner.
• Give victims the option of being interviewed by a person of the same sex, wherever possible.
• Keep accurate and up-to-date records of domestic violence interviews including visits, details of incidents and action taken.
• Accept the word of victims that violence has occurred or been threatened rather than insist on corroboration from third parties.
49
• Advise victims of the options for dealing with acts and threats of violence against them including legal remedies and sources of advice and support.
• Have arrangements for liaising and co-operating with the Police, in particular with domestic violence units where these exist.
• Have arrangements for liaising and co-operating with agencies which provide advice and support to victims of violence, such as local women's refuges, women's aid organisations, victim support schemes and rape crisis centres.
• If possible take action against perpetrators of domestic violence, wherever possible, provided that the victim consents, for example, take possession proceedings against tenants who are in breach of tenancy conditions not to threaten or carry out acts of violence.
Guidelines relating to communications
A woman seeking to establish that she is homeless on the grounds that there is a real threat of violence within the home should expect the following level of response from the Council: -
• Her claim will be taken seriously and investigated fully
• She should be dealt with by staff trained to deal sympathetically with victims of domestic violence. This should include reception and support staff as well as professional housing officers.
• A female Housing Officer should be available if needed and the opportunity to interview should be offered to the person making the claim.
• The housing staff should advise the complainant of the value of using an advocate. It would also be helpful if a poster with this advice could be displayed in Housing Offices.
• The complainant should be encouraged the nearest Womens Aid office for advice and advocacy support and the address provided. Other possible advocates are social workers, a personal friend or a solicitor.
• The Council should ensure that the complainant is aware of her rights under housing legislation.
• In investigating the claim, the Council may make contact with other agencies with who the claimant has been in contact with e.g. Police, Social Services and Doctor.
• If there is a refuge in the area arrangements should be made in the case of referral.
• If the complainant is not English speaking, then arrangements should be made to provide a competent interpreter where required.
• If the housing staff have any reason to be concerned for the safety of children involved in a case, they should notify Social Services and require a response in
50 writing from them. In all cases the advice of the Tenancy Services Manager should be sought.
Other Agencies
Other public agencies, notably Social Services, Police and Health Services, should ensure that their own staff are aware of the role of the Social landlord and make referrals to them in appropriate circumstances.
Similarly, other agencies should be able to make prompt and helpful responses to enquiries by Charnwood Housing in respect of cases where domestic violence is claimed
A good working relationship should exist with the local Womens Aid
A multi-agency group has been established, in order to improve communications and awareness and the range of responses. The Forum has the following remit:
• to establish links that will improve the efficiency of future responses • to gain support for local initiatives • to exchange views on difficult cases in order to facilitate future responses • to review the impact of new legislation on policy
The following telephone lines have been provided to give prompt responsive advice through the Charnwood Domestic Violence Forum:
Victim Liaison Officer (Police) 0116 222 2222 extension 3371 Citizens Advice Bureau 01509-267374 Home-Start Charnwood 01509 239786 Childline 0800 1111 Samaritans 0345 909090 Relate 0116 254 3011 Leicestershire Lesbian, Gay and Bisexual helpline 0116 255 0667 Leicester M.A.L.E (Mens Advice Line and enquiries) 0116 223 0992 Women`s Aid 01509-237206 Domestic Violence Helpline 0116 224 0090 Leicestershire Police 0116 222 2222 Rape Crisis Centre 0116-2548227
In emergency dial 999 and ask for the Victim Liaison officer
Guidelines relating to Accommodation and Outcome options
If it is determined that no violence has occurred and that no serious threat of violence exists, they should continue to give the claimant advice and support to continue the occupancy.
If the applicant decides to withdraw her application, then this should be ,sought in writing, remain responsive to further approaches and notify other agencies which have been involved
51 During the investigation of a claim of homelessness on the ground of violence, the Council must ensure that the claimant is given safe accommodation, which they feel is satisfactory. This could be one of the following;
A Women’s Refuge A local authority hostel/non-secure tenancy With friends or family In private sector leased accommodation Bed and breakfast (only as a last resort)
If the claimant’s case is fully accepted, housing must be offered to her. This will be take account reasonable requests as far as location is concerned, negotiation with other housing providers in other areas if appropriate and trying to meet the claimants special needs
If the claimant wishes to claim sole tenancy of the accommodation the authority should offer advice on how this should be done.
Legal Implications
Part IV of the Family Law Act 1996
Part IV concerns domestic violence and occupation of the family home, and provides a single, consistent set of remedies, which will be available in all courts with family jurisdiction. Applications under Part IV can be made to any county court or magistrates’ court, which has jurisdiction to hear family law cases.
Two types of order will be available:
Non-molestation orders
A non-molestation order prevents the respondent from molesting the applicant or a relevant child. It can prohibit particular actions and behaviour or molestation in general.
The court will also have the power to make a non-molestation order of its own motion in other family proceedings. For example, if there are current Children Act proceedings for contact or residence, the court will be able to make a non-molestation order for the benefit of a party to those proceedings or a relevant child.
Occupation orders
An occupation order deals with the occupation of the home. It can, for example, define occupation rights in the home, including the exclusion of the respondent from it or an area around it.
The terms of the order and the factors to be considered vary according to whether or not the applicant is entitled to occupy the property, and their relationship to the other party or parties.
The main differences are as follows: a) The applicant has a right to occupy the property
Where the applicant is entitled to occupy the property, either by virtue of the general law (i.e. they own or partly own the property) or by virtue of matrimonial home rights (i.e. they
52 are married to the owner), the applicant can apply for an order against who is an associated person. A matrimonial home right is a new term used in Part IV to describe spouse’s statutory rights of occupation under the Act.
In such cases, the court must have regard to all the circumstances, and in particular:
• the housing needs and resources of the parties and children • the financial resources of the parties • the likely effect of an order (or lack of one) on the health, safety and well-being of the parties or any relevant child • the conduct of the parties in relation to each other and otherwise
The court will also operate a “balance of harm” test. This means that the court must make an order, if it appears that the applicant or child is likely to suffer harm attributable to the conduct of the respondent if an order is not made, which is greater than the respondent or child is likely to suffer if the order is made.
b) The applicant used to be married to the respondent, and has no existing rights to occupy the property
In these cases, in addition to the four factors above, there are three additional factors for the court to consider:
• The length of time which has elapsed since the parties ceased to live together • The length of time which has elapsed since the marriage was dissolved or annulled • The existence of any current legal proceedings between the parties: for an order under section 23A or 24 of the Matrimonial Causes Act 1973 (property adjustments orders in connection with divorce proceedings etc);or for an order under paragraph 1(2)(d) or (e) of schedule 1 to the Children Act 1989 (orders for financial relief against parents);or Relating to the legal or beneficial ownership of the property. c) The applicant is cohabiting or used to cohabit with the respondent, and has no existing right to occupy the property
In these cases, in addition to the four factors under paragraph (a), the additional factors, which the court must consider, are:
• The nature of the parties relationship • Whether they have any children or whether there are children involved for whom the parties have (or have had) parental responsibility • The length of time during which they have lived together as husband and wife • The length of time which has elapsed since they ceased to live together • The existence of any current legal proceedings between the parties: for an order under paragraph 1(2) (d) or (e) of schedule 1 to the Children Act 1989 (orders for financial relief against parents) ;or relating to the legal or beneficial ownership of the property
53 Although the court must consider the questions in the balance of harm test about the likelihood of harm being caused by the respondent, this does not impose a duty on the court to make an order as it would in the case of spouses and former spouses.
This type of order may be made for a maximum of six months, and may be renewed only once. d) neither the applicant nor the respondent has a right to occupy the property
In these cases, an order may be made for a maximum of six months. However, it will only have an effect between the parties, and will not affect, for example, the right of a third party who is entitled to occupy the property.
Where the order is between spouses or former spouses, the order may be for a maximum of six months, renewable. Where the order is between cohabitants or former cohabitants, it may be renewed only once.
Note:
Where the court is considering making any occupation order in favour of a cohabitant or former cohabitant, and is required to consider the nature of the party’s relationship, it must have regard to the fact that the parties have not given each other the commitment involved in marriage.
Examples of Good Practice
We will continue to investigate examples of good practice in an effort to improve and refine our services.
54
Appendix Four
Charnwood Borough Council
Housing Services
Race and Housing Policy
55 CHARNWOOD BOROUGH COUNCIL
RACE and HOUSING
A policy statement to clarify the role of Housing Services in dealing with race- related issues, for the benefit of the public, staff and elected members.
Background
The Race Relations Act 1976 remains the basic law in Great Britain defining and outlawing racial discrimination, and giving individuals the right to seek legal redress for acts of racial discrimination.
The Race Relations (Amendment) Act 2000, introduced largely in response to the Stephen Lawrence Inquiry Report (February 1999), extended the scope of the 1976 Act, making it unlawful for local authorities to discriminate on racial grounds in carrying out any of their functions and placing a general duty on local authorities to promote racial equality and prevent racial discrimination.
Following the 2000 Act the Borough Council developed its Race Equality Scheme in May 2002, which, together with the Equal Opportunities Policy, now forms part of the Council’s Corporate Equality Plan.
The Council’s Race Equality Strategic Aims are:
• to achieve fair and equitable provision of good quality services to all individuals and groups irrespective of their ethnic origin or any other irrelevant factor.
• to ensure equality and ease of access to services to all individuals and groups irrespective of their ethnic origin or any other irrelevant factor.
• to provide recruitment services and employment conditions which are fair to all individuals and groups irrespective of their ethnic origin or any other irrelevant factor.
Housing, in both the public and private sector, was already covered by the 1976 Act, including the vicarious liability of the local authority employer for acts of unlawful discrimination by its employees, but the 2000 Act has stimulated a review of how and where racial equality is relevant in Housing, and has identified a need to make a clear and full statement of how Charnwood Housing Services does and will deal with race-related issues.
Five main areas are examined in this policy statement:
• Access to local authority housing
• Responding to racial incidents
• Support for victims and witnesses
• Dealing with perpetrators
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• Prevention of further incidents
Access to housing
It is unlawful for a local authority to discriminate either directly or indirectly in such a way that anyone from a particular racial group is unable, or finds it disproportionately difficult, to obtain access to housing.
• We assess all applicants for housing in Charnwood using a points system, which aims to reflect as accurately as possible the degree of housing need at the time of application. This assessment method, refined and modified several times in the last few years to reflect changing circumstances and legislation, is applied without discrimination irrespective of ethnic or social background.
• We will ensure that all leaflets and forms giving information about the way in which access to the housing system works in Charnwood are readily available in the main minority languages upon request. Translations into less common languages will be procured if requested but will not be immediately available.
• We will use both local and national facilities for interpreting services if required, e.g. Language Line.
• We maintain ethnic record-keeping from the point of first application to the Council.
• Information required to assess a housing application is clearly defined and we do not routinely request to see passports when information on identification is required.
• We give all applicants for housing through the “waiting list” or housing register route unrestricted choice about areas in which they would prefer to live, irrespective of ethnic background. Feedback suggesting a shortage of appropriate accommodation in the preferred areas of many black and minority ethnic (BME) applicants has resulted in the Council working in partnership with housing associations to provide additional family accommodation in specific areas of Loughborough in recent years.
• We do not use onerous residence qualifications, which could be considered to be indirectly discriminatory to any particular racial group. All applicants must have lived in the area for 6 out of the last 12 months in order to be eligible for priority points.
• We do not make any subjective assessments of applicants’ supposed suitability for types of properties in particular areas, although we may make sensitive allocations in favour of any applicant in order to avoid the known likelihood of anti-social behaviour or harassment in any given area. Any such discretion is, however, used within the framework of an overall allocations policy, which is demonstrably non-discriminatory.
Definition of a racist incident
Housing staff will adopt the definition recommended by the Stephen Lawrence Enquiry Report (February 1999) for use by local authorities and police forces:
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“A racist incident is any incident which is perceived to be racist by the victim or by any other person.”
The intention in adopting this definition is to use a “victim-centred” approach during investigation of the incident to ensure that the possibility of racial motivation is fully explored without prejudging the perpetrator’s intention.
Implicit in the definition is the fact that harassment could include verbal and written abuse as well as physical assault or damage to property.
Even if the victim does not mention a racial motive, the person to whom the incident is reported must consider the possibility and evidence of such a motive.
Dealing with racial harassment
In dealing with racial harassment affecting tenants of the Borough Council we will seek to:
• Stop the harassment • Support the victim of harassment • Take appropriate action against the perpetrator • Introduce preventive measures • Monitor the effectiveness of any action taken
Stopping the harassment
Charnwood Housing Services will, in consultation with, and with the full consent of the victim, take the following steps to stop further harassment:
• Interview the alleged perpetrator(s) and advise of the possible consequences if the harassment does not stop.
• Request the assistance of other agencies, e.g. police, Victim Support, Charnwood Racial Equality Council.
• Ensure that all racial incidents are at least recorded by the Police.
• If other action is inappropriate, consider transferring the perpetrator or offer temporary or permanent rehousing to the victim.
• Take appropriate action against the perpetrator, up to and including eviction.
We will rely heavily on the co-operation of other agencies such as the police and will need witnesses and evidence to support our case in court if we take legal action. If the alleged perpetrator is not our tenant there are fewer actions we can take directly.
Supporting the victim
We will make sure that victims have access to a range of support services, which may include:
58 • Urgent repairs to damaged property.
• Provision of increased security to the property.
• Direct office telephone number of a named Housing Officer contact, who will carry out initial interviews and investigations and follow the case through.
• Referral to counselling and other support agencies.
• Means of contacting interpreters or translators.
• Temporary safe re-housing if there is a continuing risk of violence.
• In the most serious cases, a permanent transfer to more appropriate accommodation.
• Keep the victim informed of any subsequent action taken against perpetrators.
Acting against the perpetrator
We will, with the consent of the victim, take action against the perpetrator, which may include any of the following, depending on the nature of the offence:
• Seek the involvement and assistance of the police if there is any potential for criminal action.
• Issue a verbal warning about the consequences of future harassment and follow this up in writing.
• Issue an immediate written warning about the consequences of further harassment.
• Start immediate legal action to evict the perpetrator or obtain an injunction.
• Transfer the perpetrator to a similar but not “better” property.
• Liaise with the Police on the best way of protecting witnesses.
Taking preventive measures
We have included a specific clause 4(f) in the new tenancy agreement (revised March 2003), which states that “You and the people you are responsible for must not do anything in your neighbourhood to harass or cause a nuisance to any person because of his or her racial origin or colour”. We will enforce our Tenancy Agreement. In addition we will:
• Continually review housing and estate design and security issues, in conjunction with the police, in areas affected by racial harassment.
59 • Ensure that any history of racial harassment or nuisance in an area is taken into account when allocating homes to BME applicants.
• Produce and keep updated a comprehensive information leaflet for victims of racial harassment in our tenancies. This will also be available in the main minority languages and may be translated into less common languages if requested.
• Aim to identify and act upon incidences of incipient racist behaviour at the earliest possible stage to avoid escalation.
• Develop a positive attitude towards diversity in all tenant and resident groups and encourage the reporting and monitoring of racial incidents by such groups.
• Take proactive measures to publicise the policy itself, such as emphasising the policy to new tenants by linking it clearly to clause 4(f) of the tenancy agreement, use feature space in the local media and publicise any successful legal action against perpetrators.
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ASB FRAMEWORK
COMPLAINT LEVEL MATTERS MATTERS NOT RECEIVED THAT AFFECTING THE AFFECTING THE COULD ONE HOUSING HOUSING CONSTITUTE AS MANAGEMENT MANAGEMENT LOW LEVEL ASB FUNCTION FUNCTION
UNSUCCESSFUL IMPLEMENTATION OF RESPONSE SUCCESSFUL DATA TO CO- TARGET OF X ORDINATOR WORKING DAYS FOR MONITORING
REVIEW BY LOCAL AGENCY AND CO-ORDINATOR
Definite multi-agency LEAD OFFICER REFERS TO ANTI- SOCIAL BEHAVIOUR STEERING GROUP REVIEW BY ANTI-SOCIAL VIA CO-ORDINATOR BEHAVIOUR STEERING GROUP (Target x Working ACTION PLAN AGREED days) WORKING GROUP IDENTIFIED (Target x Working days)
ACTION PLAN IMPLEMENTED
FAST TRACK UNSUCCESSFUL SUCCESSFUL DITTO (Target x Working days)
REVIEW BY ANTI- LEVEL REFERS TO ANTI- SOCIAL SOCIAL BEHAVIOUR BEHAVIOUR LEGAL TWO LEGAL INTERVENTION FURTHER INTERVENTION TEAM INTERVENTION TEAM VIA CO- (Target & Working ORDINATOR days) (Target x Working UNSUCCESSFUL SUCCESSFUL days)
LEGAL REMEDY INITIATED (Target x Working days) DITTO
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63 Appendix B
Charnwood Borough Council
Housing Services
Statement pursuant of Section 12 of the Anti-social Behaviour Act 2003
DRAFT Summary For consideration of content prior to design of document to be published
September 2005
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SUMMARY OF POLICY AND PROCEDURES ON TACKLING ANTI-SOCIAL BEHAVIOUR 1 INTRODUCTION Section 218A of the Housing Act 1996 requires all social landlords to publish a Statement of Policy and Procedures on anti-social behaviour (“ASB”). This is the Council’s Summary of the Statement. The Statement and Summary will be reviewed as necessary. 2 WHAT IS ANTI-SOCIAL BEHAVIOUR? 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.
Broadly speaking, anti-social behaviour is anything that interferes with the peace, comfort and convenience of other people. Some of the most common anti-social behaviour problems are listed below:
Noise Nuisance (examples include) Loud televisions, music, stereos Rowdy parties Noise from DIY Use of domestic appliances at unreasonable hours Abusive language Persistent car/burglar alarms Domestic abuse - physical or verbal
Nuisance from Pets and Animals (examples include) Noise from barking dogs Unsupervised animals Animals fouling communal areas Animal cruelty Keeping Dangerous Animals
Untidy Gardens (examples include) Overgrown gardens Nuisance from Bonfires Rubbish in Gardens Vermin in Gardens
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Children and Young People Causing a Nuisance (examples include) Verbal and physical abuse Vandalism and graffiti Riding bikes on footpaths and grassed areas Bullying Criminal damage Excessive noise from their activities
Nuisance from Vehicles (examples include) Abandoned vehicles- including cars, vans, trailers and caravans Vehicle repairing that is an eyesore and a danger to the public Excessive noise from vehicles
Rubbish Dumping (examples include) Storing rubbish/old furniture in gardens Fly-tipping Dumping of rubbish in a communal area or on open land
Drug or Alcohol Misuse (examples include) Criminal activity e.g. drug dealing Public disturbance Excessive visitors to property Noise and verbal abuse Harassment (examples include) Verbal or written abuse Abusive behaviour Racism Use or threats of violence Physical assault Damage to property
3 WHAT IS OUR GENERAL APPROACH TO ANTI-SOCIAL BEHAVIOUR? As a Landlord our approach to ASB can be summarised as follows: _ We are firmly committed to tackling ASB; 3 _ We expect our residents to accept a certain level of noise from day to day living and be tolerant of other people’s life styles; _ We actively promote prevention to foster an environment where anti social behaviour is less likely to arise in the first place. _ We use our enforcement powers in appropriate circumstances and in particular where all other attempts at resolution have either failed or have been exhausted. _ Our racial and other harassment polices and procedures are a key part of our strategy to tackle ASB. Our general approach to ASB is compatible with relevant law. Reducing crime, disorder and ASB is a major concern for all Charnwood residents and as such is a key part of the Council’s overall strategy from the highest level. 4 WHO DEALS WITH ANTI-SOCIAL BEHAVIOUR ? 3
As a Landlord the Council recognises that it can achieve far more by working with other agencies to tackle ASB rather than working alone. We play an important role in a wide variety of multi-agency partnerships ranging from partnerships at the highest level, including the Crime and Disorder Reduction Partnership (CDRP). Tenancy services Team This Team carries out the Council’s housing management and landlord duties, including those relating to ASB. 4 5 WHAT ARE THE OBLIGATIONS OF TENANTS? The Council has comprehensive Conditions of Tenancy in place for all tenants, with a specific section covering ASB, which make it clear that all tenants are responsible for the behaviour of all members of the household, including children, lodgers and visitors. 6 HOW DO WE HELP PREVENT ASB? This is through various means: _ Conditions of Tenancy - the Council has comprehensive Conditions of Tenancy with detailed nuisance clauses in Section 4 in the Tenancy Agreement. _ Introductory tenancies – all new tenants are given an “introductory tenancy” lasting for the first year. After 12 months the tenant becomes secure unless we have started legal action to gain possession. As part of the introductory tenancy scheme a housing officer will go through the Conditions of Tenancy with the new tenant when they sign their new tenancy agreement. The housing officer will also aim to visit all new tenants to discuss any problems or difficulties they may be experiencing. _ Neighbourhood wardens – can provide both a deterrent to those who cause anti- social behaviour and a safer environment for residents. _ Acceptable Behaviour Contracts (ABCs) – are an early intervention means of tackling ASB by young people, normally aged between ten and eighteen. _ Multi-agency partnerships – we have both informal and formal agreements with our partnership contacts at both the highest level and at operational levels operating across the Borough. _ Tenancy support schemes – Independent tenancy support service has been provided for some years, currently offering a housing support service for vulnerable tenants. _ _7 RACIAL AND OTHER HARASSMENT POLICIES The City Council is committed to eliminating discrimination in both service delivery and employment. Racial and other harassment The Council is committed to stamping out all forms of harassment in its housing stock.
6 The main parts of the Council’s harassment policy are preventing harassment, supporting victims, taking action against those responsible for harassment and working with other agencies to tackle the problem. 8 DOMESTIC VIOLENCE POLICY The Council has adopted policies and procedures to deal with domestic violence and works closely with other agencies 9 WORKING WITH PERPETRATORS AND SUPPORT FOR 4
VULNERABLE GROUPS The Council recognises that perpetrators of ASB may in some cases require support from specialist agencies to address problems such as drug and alcohol dependency or mental health needs. In general we only take enforcement action against the perpetrators of ASB,including juveniles, after all other interventions have been exhausted. 10 DATA PROTECTION AND INFORMATION EXCHANGE Data Protection Act 1998 The Council ensures that personal data is handled properly and confidentially. Any disclosure of personal data is carried out in line with the provisions of the Data Protection Act (DPA) 1998. In general, personal data cannot be disclosed from one party to another, although there are certain exemptions to this which allow the Council to process personal information for example to prevent or detect crime. 7 Information Sharing Protocol There is an agreed Information Sharing protocol to facilitate the exchange of information pursuant to the power contained in s115 of the Crime and Disorder Act (CDA) 1998. Freedom of Information Act 2000 This Act gives a general right of public access to many types of recorded information held by public authorities, although there are a number of exemptions which will be considered before information is disclosed. Regulation of Investigatory Powers Act 2000 The Council ensures compliance with the Regulation of Investigatory Powers Act 2000 (RIPA), which regulates the use of covert surveillance. 11 PUBLICITY Publicity is dealt with on a case by case basis in liaison with the Council’s Corporate Communications Team. 12 CROSS TENURE ISSUES The Council’s housing stock, and neighbouring residential accommodation, is occupied by a variety of tenures. In appropriate cases the Council will consider using its enforcement powers to tackle ASB by people who are not resident in its own Landlord managed stock. We will also consider appropriate action to protect people who are not our tenants from ASB perpetrated by Council tenants. The Council’s standard form of lease requires leaseholders not to allow nuisance within their home, which may annoy or cause inconvenience to their neighbours. 13 PROTECTION OF STAFF The Council has developed policies to protect staff in accordance with its duties under common law and statute. Exposure to violence and assault is not an acceptable part of an employee’s everyday working life and we will take all reasonably practicable measures to prevent or reduce the risk of such exposure. 8 14 TRAINING OF STAFF DEALING WITH ANTI-SOCIAL BEHAVIOUR The Council ensures that staff are properly trained on topics related to ASB. The following sections outline the Council’s procedures on tackling ASB: 15 HOW CAN ASB BE REPORTED? ASB can be reported Council Offices or to one of our partnership 5 contacts, including the police and details are given at the end of the Summary. Complaints can be made by telephone, in person, e-mail, in writing or by someone acting on behalf of the resident. Where possible, anonymous allegations of ASB are investigated. 16 HOW WILL COMPLAINTS BE PROCESSED? With very limited exceptions all complaints will be treated in confidence. Translation services or an interpreter may be provided if required.
Responding to the complaint Some serious incidents may need a response in a few hours. where resources permit. In other cases, housing officers will aim to make initial contact with the complainant within 2 working days. STAGE 2 Agreeing action to be taken The Housing Officer will investigate the incident, making independent enquiries where possible. The Housing Officer is likely to ask the complainant what the problem is, when and where does it happen, whether he or she knows the name of the perpetrator(s), what effect is it having and whether there were any witnesses. The complainant may also be asked whether he or she is prepared to make a statement or give evidence, should enforcement action be taken. As part of these investigations the Housing Office will ordinarily interview the perpetrator as well. If the alleged perpetrator accepts that they have caused a problem they will be asked not to cause a nuisance again and warned that if they do so further action may be taken. If it has not been possible to resolve the complaint at this stage the Housing Officer will advise the complainant on options and, where appropriate, agree a course of action for tackling the problem. The complainant will be asked to record any future incidents of ASB on diary sheets. The case will be logged in the appropriate category for nuisance recording statistics STAGE 3 Supporting complainants and witnesses The Council is committed to supporting complainants by dealing with complaints promptly, keeping them up to date with developments relating to the case and ensuring that they are referred to appropriate support services where necessary, such as the police. Where enforcement action is taken to deal with ASB, the Housing Officer will consider the use of civil remedies, such as injunctions to protect a complainant. _ Where there is a court hearing, the Housing Officer will _ Advise, as far as can be anticipated what is likely to be required of witnesses and the questions they may be asked in relation to their evidence _ Consider assisting with transport to and from the court where possible. After any court hearing, the Housing Officer will: _ Inform witnesses of the outcome of the hearing _ Provide ongoing witness support, if necessary and if appropriate.
Options to tackle the problem In many cases where a report of ASB is received, an interview or a warning letter from a housing officer will be enough to stop the behaviour. However, there are situations where these early warnings are ignored. Enforcement action is normally only considered when all other options have been exhausted.
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The Council uses a range of methods to tackle ASB, including legal and non-legal options. Mediation – is a process in which a neutral and independent mediator helps people in dispute come together to resolve their disputes, rather than imposing solutions on them. It can help stop disputes escalating and provide a speedy solution, particularly where disputes are fairly new and where both parties are willing to try it on issues such as noise, children, rubbish, animals or harassment. . Acceptable Behaviour Contracts - are individual written agreements made between a young person, normally aged between ten and eighteen, the police and the Council in which the young person agrees not to carry out particular types of behaviour that have been identified and agreed as antisocial. _ If the young person agrees to sign up to the process the ABC will be drawn up listing the type of behaviour agreed to be anti-social, such as congregating in stairwells and writing graffiti. _ The ABC normally lasts six months. It is not legally binding but if serious ASB persists enforcement action, such as an application for an ASBO or possession proceedings may be taken using the ABC as evidence that attempts were made to change the individual’s behaviour. _ The agreement is signed by all parties, with a copy given to the young person and their parents Acceptable Behaviour Agreements - are similar to ABCs but are aimed at adults responsible for ASB. Anti-social Behaviour Orders (ASBOs)- are civil orders prohibiting certain behaviour and prescribing exclusion zones for named individuals. They last a minimum of 2 years and can be made against any person aged 10 years or over. Applications for ASBOs must be made within 6 months of the behaviour complained of. Breach of an ASBO is a criminal offence. An ASBO will not ordinarily be used as a first option in dealing with ASB. Before seeking an ASBO, the Council will consider whether an order is necessary to protect people from further acts of ASB by the individual and whether alternative remedies have been considered and either failed or not been considered appropriate. If the behaviour continues despite the ASBO, possession proceedings may be considered. Injunctions – are Court orders that may either tell someone not to do something or compel action by telling someone what to do. They are unlikely to be obtained against anyone under the age of 18. A person who fails to comply with the terms of an injunction is in contempt of court. This is a criminal offence and could lead to a fine or imprisonment. Injunctions can be useful: _ When there is a need to exclude a person from specified places or areas _ In emergencies when a quick result is needed _ To protect witnesses from the threat of violence _ When there is a need to take action against one person in a household, not the whole family _ When it is important not to displace ASB A power of arrest can be attached to an injunction, so that if it is breached, arrest may follow. The Court will usually only grant an injunction as a last resort. Thus to
7 succeed in obtaining one, we try to show the Court that we have exhausted all other options. Possession Proceedings - are usually a last resort, when other appropriate methods of trying to stop the ASB have either failed or been exhausted. Such proceedings may be considered if there has been a serious breach of the tenancy conditions, such as serious and persistent noise nuisance or if the tenant or a member of the household has been convicted for using their home for unlawful purposes or for drug dealing in the local area. The court must be satisfied that it is reasonable and proportionate to grant possession. It has powers to adjourn, stay, suspend or postpone the date of possession and can impose conditions. Where the Court grants possession it can make either an Outright order, which grants possession to the landlord forthwith or after a specified period, typically 28 days or a Suspended order, under which the possession order is suspended, subject to conditions to which the tenant must keep. Alternatively, the Court may accept an undertaking from the defendant to the court not to continue committing the nuisance or ASB. If an outright order is granted or if the terms of a suspended order are broken it is highly likely that the Council will seek to evict the tenant. Possession action against introductory tenants follows different procedures. Under the Introductory Tenancy scheme, the Council does not have to prove to the Court any of the grounds set out in the Housing Act 1985 for seeking possession. The Court must make a possession order where it is satisfied that the statutory notice and review procedures have been carried out lawfully. Demotion Orders - may be sought in Court where we do not wish to evict the tenant from the property outright, but need to give a very strong warning to the tenant about ASB. If the Demotion Order is granted, the tenancy is reduced to a less secure form of tenancy. Some tenancy rights will be lost such as the right to buy and right to exchange with another tenant. The period of demotion will initially be for 12 months but may be extended if we make a claim for possession during this period. In circumstances where a claim for possession is made the tenant has a right to request a review of the decision. Other legal action Other powers are available to tackle ASB including: _ The Environmental Protection Act 1990 (EPA) can be used for noise complaints where the noise is defined as a statutory nuisance. _ The Protection from Harassment Act 1997 can be used by the police to protect people subject to serious harassment. _ Closing a Case When a complaint of ASB is received, the Council aims to investigate, monitor and progress the case to its conclusion. If the complainant is not happy with the service they have received, they can make a formal complaint through the Council’s corporate complaints procedure. Details of this scheme and a form on which a complaint can be made are contained in the leaflet “Have your say?” 17 DATA COLLECTION Statistics on the different types of ASB and on the actions taken in response are held.by the Council.
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18 MONITORING ASB AND THE SERVICE The purpose of collecting this information is to: _ Identify geographic “hot spots” _ Highlight key priorities and areas of concern _ Target resources appropriately _ Evaluate success of initiatives to combat ASB 19 CONCLUSION This summary on policy and procedures is intended to demonstrate the Council’s commitment to dealing properly and effectively with ASB. The Policy section aims to give readers an overview of the principles underlying our approach to ASB. The statement on procedures provides information on how reports of ASB are processed and on the range of options available to tackle ASB. If detailed information is required, a copy of the full statement of policy and procedures should be consulted. : CONTACTS
Housing Services If you are experiencing nuisance and you believe that the person causing the nuisance is a tenant of Charnwood Borough Council, you should report the problem to Housing Services either in writing, by telephone or in person. You should give your name, address and a contact number when reporting a problem. This is because it is very difficult to take action against anonymous complaints. All complaints will be treated in the strictest confidence – your identity will not be revealed to the person you have complained about without your prior permission.
To report a problem to Housing Services: telephone 01509 634567 OR Write to: Housing Services Charnwood Borough Council Southfields Loughborough OR E-mail: [email protected]
Environmental Health Environmental Health is responsible for dealing with statutory nuisance from private housing and business e.g. shops, offices and factories. A statutory nuisance is something that is likely to cause injury to health or something that causes the average person ‘unreasonable interference with the enjoyment of their property’.
The main types of statutory nuisance are: • Unacceptable levels of noise • Build up of refuse, animal faeces or waste materials • Fumes, gases and offensive odours • Smoke from burning materials • Premises in an unacceptable condition
To report a problem to Environmental Health, phone: 01509 634636 during office hours or 01509 643979 outside office hours.
LEICESTERSHIRE POLICE 9
You should report anti-social behaviour that is of a serious and criminal nature to the Police. Examples of behaviour that you should report to the Police include: • Criminal damage • Harassment – this includes racial harassment • Use or threats of violence • Drug or alcohol misuse • Vandalism • Graffiti – this includes racists graffiti • Dangerous dogs • Public disturbances To report a problem to the Police, phone: 0116 222 2222 In an emergency - dial 999
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