Severn Vale Housing Society

Definition of anti-social behaviour

For the purposes of the duties imposed by section 218A of the Housing Act 1996, as introduced by the Anti-Social Behaviour Act 2003, ASB (anti-social behaviour) is any conduct to which sections 153A(1) and 153(2) of the 1996 Act apply. These sections apply to:

• ‘conduct which is capable of causing nuisance and annoyance to any person and directly or indirectly relates to or affects the housing management functions of a relevant landlord’; or
• ‘conduct which consists of or involves using or threatening to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose’.

Examples of such behaviour may include:

• Noise nuisance.
• Intimidation and harassment, including racial harassment.
• The fouling of public areas.
• Aggressive and threatening language and behaviour.
• Actual violence against people and property.
• Hate behaviour that targets members of identified groups because of their perceived differences.
• Drug dealing.
• Using the home or area for unlawful purposes.

N.B. This is not an exhaustive list.

Policy Objectives

The Society is committed to tackling anti-social behaviour to provide a better quality of life for its customers and to improve areas and create sustainable communities. This will be achieved by a range of objectives:

• By providing an effective response to all forms of ASB using the full range of remedies that are available, such, as, mediation, acceptable behaviour contracts, undertakings, injunctions, demoted tenancies and possession proceedings.
• By ensuring that tenants understand and carry out their responsibilities, and by enabling and supporting tenants to resolve disputes themselves using practical measures where possible.
• By ensuring that any staff intervention is effective and represents value for money.
• By recognising there are many different types of ASB and by having procedures which will demonstrate how they should be dealt with and the options available to resolve disputes.
• By recognising the needs of vulnerable residents and offering support where appropriate or by liaising with statutory and voluntary agencies as appropriate.
• By recording the incidence of ASB in the Society’s stock so that information can be gathered on existing and emerging problem areas for strategic planning purposes.

Policy Statement

Working independently, and in partnership through the Crime and Disorder group and the Anti Social Behaviour groups, and in liaison with other statutory and voluntary agencies, Severn Vale Housing Society will assist those who are affected by, or who are victims of Anti-Social Behaviour (ASB). All parties will be advised of their responsibilities and of the legal measures available to the Society.

The Society will thoroughly and fairly investigate all aspects of ASB and its approach will be proportionate and flexible to deliver the most appropriate response to the behaviour reported.

Where appropriate this response should be tailored to reflect the individual circumstances of each case. This may involve addressing the needs of both the perpetrator and their victim to ensure that wherever possible no-one loses their home through court action or is forced to leave their home due to a deterioration in their quality of life.

Where appropriate a perpetrator’s behaviour will be addressed by offering support, with court action being a last resort when all other interventions have failed. However, this will not be in the case in instances of ASB which endanger life or property. These will be dealt with as emergencies and appropriate legal action will be pursued as a matter of urgency.

Perpetrators will be encouraged to address their unacceptable behaviour and to comply with their conditions through the involvement of support agencies and specialist support backed by the use of mediation, acceptable behaviour contracts, injunctions and demoted tenancies. Only where the perpetrator shows no willingness to address their behaviour will the Society resort to possession action.

The Society will publicise selected cases where legal action has been pursued successfully to make all of its customers aware of the consequences of tenancy breaches.

ASB will be dealt with by specialist trained officers working in the Estate Management Team who will work closely with other teams within the Society to ensure a joined up approach aimed at the prevention of ASB or its escalation.

Tenants Obligations

All tenants will be expected to display acceptable standards of behaviour towards their neighbours, whether Society tenants or otherwise, and to the Society’s officers, agents and contractors. The standards expected are defined, as above, by the Housing Act 1996 and are contained in the tenancy agreement conditions of each tenancy. These standards are expected of all tenants, and tenants are responsible for not only their own behaviour but for the behaviour of those who live with them and who visit them. Some specific clauses relating to ASB are contained in the following sections of the Tenancy Agreement:

• Section 3.3 – Use of Premises
• Section 3.4 – Nuisance and Anti-Social Behaviour
• Section 3.5 – Racial Harassment
• Section 3.6 – Noise
• Section 3.7 – Pets

All tenants will be reminded of their obligations through the Tenants’ Handbook, the Tenants’ magazine, flyers, leaflets and publicity events detailing cases where ASB has been dealt with by the Society through the Court process. Messages about acceptable behaviour will also be communicated to new tenants through accompanied sign ups for all new tenancies and through the anti social procedure itself by letter and at interview and visit.

Specific ASB Policies

The ASB Policy contains many specific policy approaches which are detailed below:

Support of complainants - Complainants will be supported by having their complaint dealt with promptly, by being kept informed of all developments in the case and by referral to an appropriate support agency when necessary.

Racial Harassment - Racial Harassment is specifically detailed in this policy statement. As part of its commitment to equal opportunity the Society has adopted policies relating to equality and diversity and has a specific policy covering Racial Harassment. This Policy is reinforced through the ASB policy and procedures. All reports of racial harassment are dealt with as emergencies under the procedures and monitored separately. The Society is committed to: the elimination of unlawful discrimination and harassmentthe promotion of good relations between people of different racial groupsencouraging people to report racially motivated incidentssupporting complainants and their familiestaking action against perpetrators wherever possible

Domestic Violence - This is an area which is generally not brought under the category of ASB. However in line with allocation policies dealing with the protection of victims of domestic violence and homelessness legislation any alleged perpetrator can be targeted under this policy with the victim receiving support from Officers and the appropriate voluntary and statutory agencies.

Prevention of Anti-Social Behaviour

The Society will use prevention as its first approach to dealing with ASB and will use initiatives to prevent ASB where this is possible. Some of the possible preventative approaches that may be used are detailed below:

• Mediation services, both internal and external
• Extra security patrols or police presence
• Supporting extra activities for young people such as sports clubs and IT drop in centres
• The formation of Tenant Associations on estates to highlight issues and resolve them together
• Joint visits with the Police to juveniles and their parents to discuss and deal with their behaviour
• The use of Acceptable Behaviour Contracts
• Multi Agency partnerships with all agencies to facilitate a joined up approach
• Floating Support schemes to assist tenants

Rehabilitation of Perpetrators

The Society recognises the positive effects that support might have on perpetrators, particularly where ASB issues result directly or indirectly from one or a combination of the following:

• drug abuse
• alcohol abuse
• mental health
• disability

The Society’s Officers will work with perpetrators to discover any underlying issues and will help the tenant address these or, where appropriate they will involve specialist agencies, where available and they will arrange long term support, either using the Society’s support worker or more specialised long term support workers where necessary. All tenants will be treated equitably and in accordance with The Disabilities Discrimination Act 1995.

Where young people are involved the Society’s Officers will liaise with the child’s parent or Guardian and, where appropriate, local youth groups, Education and Welfare the Youth Offending Team and multi agency forums. In the first instance the Society will try and encourage both young people and their parents to sign up to Acceptable Behaviour Contracts to control their behaviour.

The Society will always endeavour either to prevent ASB or, where it is happening, to work with all parties to address and try to stop the behaviour by working closely with the perpetrators to change their behaviour so that court action does not become necessary which means that the evicted tenants and their families would simply leave taking the problem to another area. However, it is recognised that the Society’s willingness to work with perpetrators will not always be welcomed by those perpetrators.

Multi Agency Partnerships

The Society recognises that ASB cannot be tackled effectively in isolation. The Society operates as a part of the wider community and shares the problems and challenges faced by that wider community. Many ASB issues are very complex and involve many agencies and need an agreed approach by all those agencies to facilitate lasting solutions.

The Society works with many individuals and agencies to resolve ASB. These include families, Tenants and Residents groups, youth groups, schools, Social Services, the Police, Education and Welfare, drug and alcohol support agencies womens’ refuges, mediation groups, other Housing Associations, local Councillors, Health professionals, the Youth Offending team and Probation, amongst others, to find appropriate solutions to ASB.

In addition, the Society is a member of the local Crime and Disorder Partnership, at both strategic and operational levels, and attends ASB multi agency meetings to discuss cases and agree a consistent, joined up approach to dealing with each case, making best use of the expertise and resources available.

Using Management Agents

Where Management agents are used to manage the Society’s stock in another area then that agent will be made aware of the Society’s approach to ASB and will be required to follow the policy and procedure to ensure equality of treatment for all ASB cases.

Supporting Witnesses

Witnesses to ASB will be fully supported by the Society both throughout the ASB case and afterwards. Where necessary witnesses and victims of ASB will be offered support by housing Officers, specialist agencies, such as, victim support and Glosrec, and by establishing witness support groups.

Professional Witness Schemes

Where ASB is a problem, and there are witnesses to the problem who are reluctant to give evidence for fear of reprisals, then the Society will use other methods for the collection of evidence. These methods may include the collection of evidence by the Society’s officers, who can then appear in Court to give management statements or, in cases requiring anonymity or sustained evidence gathering, then the Society may use professional witnesses.

Data Protection and Information Exchange

The Society has entered into protocols for information sharing with other agencies through the Crime and Disorder Partnership and the Anti-Social Behaviour Partnership. Under these protocols information may be shared with other agencies, such as the Police, and other partner organisations, provided it relates to the prevention of ASB and the correct procedures are followed.

Confidentiality

The Society recognises that many complainants are very concerned that, when they complain about ASB, or provide evidence relating to ASB, they may become a target for retaliation by the perpetrator. The Society will, therefore, treat all information disclosed to it as confidential and will only use or disclose that information whether in court proceedings, through the information sharing protocol or to third parties such as the perpetrators legal representatives with the permission of the complainant. The identity of a complainant MUST NOT be disclosed to the alleged perpetrator at any stage of the ASB process without their consent.

Cross tenure issues

The Society recognises that it has a responsibility to take action against ASB when it occurs outside its own stock. Where necessary the Society will, therefore, take action against owner occupiers, private tenants and tenants of other social landlords to protect its tenants and the community and will similarly take action against its own tenants to protect others in the community.

Tenant Participation and Consultation

When appropriate Tenants will be consulted for their views on any policy changes needed either through the Tenants Associations, the Tenants Forum or through focus groups.

Staff Training

The Society recognises that ASB is a complex area. All new officers will be recruited with this in mind and on appointment will receive induction training either in house, or outside, on ASB and its application within the Society. Longer established officers’ performance will be monitored through the Society’s Performance Management system and they will be offered regular career development and training to ensure that they have the knowledge, support and confidence to carry out their role. The Society will also engage specialist Solicitors to deal with ASB.

Organisational Awareness

Staff throughout the whole organisation will be made aware of the contents of the ASB policy and procedure so that they understand the Society’s approach and can give advice to tenants about how the process works and who should be contacted to deal with incidents of ASB. The Board and all Tenant organisations will also receive training in this policy area.

Equal Opportunities

In dealing with ASB the Society will ensure that all tenants and others are dealt with fairly and equitably, and in accordance with the Society’s policies on BME, Equal Opportunities and the Disabilities Discrimination Act 1995.

Monitoring

The Society’s Management Board will receive regular reports on the number of ASB cases through the Balanced Scorecard. All cases will be recorded and monitored using computer systems and targets will be set in this area. Information will be gathered to show the type of ASB taking place, where it is happening, how it is being dealt with and how successful those interventions are so that trends can be observed and both strategic and operational approaches can be taken to identify and address hotspots to allow early intervention to prevent ASB or stop it escalating. All complainants will be contacted using our customer monitoring system to gauge their perception of the service provided and to ensure that the policy and procedures remain appropriate.

Review

This policy should be reviewed annually or in accordance with legislative changes, or changes in best practice, or working practices.