Neighbour Nuisance and Anti-social Behaviour Policy
Click icon to download as a pdf
24 hour Anti Social Behaviour line
Monday to Friday 9am to 5pm Tel : 0151 261 2100
Out of Hours reporting : 0151 261 2100
1. INTRODUCTION AND AIMS
2. DEFINITION
3. LEGAL AUTHORITY AND REGULATORY REQUIREMENTS
4. COMPLEMENTARY VENTURE POLICIES
5. MULTI-AGENCY WORKING/WITNESS SUPPORT
6. SUPPORTING PERPETRATORS AND THEIR FAMILIES
7. LEGAL AND OTHER ACTION IN MANAGING NUISANCE AND ANTISOCIAL BEHAVIOUR
8. RECORD KEEPING
APPENDIX 1
APPENDIX 2
1. INTRODUCTION AND AIMS
Neighbour nuisance, harassment and antisocial behaviour have caused problems and dissatisfaction in some communities for many years. Unfortunately, the number of neighbour nuisance complaints is growing and radical action is needed to deal with this. It is, therefore, imperative that Venture, as a sensitive Registered Social Landlord should treat each complaint seriously and promptly.
The Antisocial Behaviour Act 2003 contains some important new ‘tools’ which Housing Associations can use to counter antisocial behaviour; these are detailed further on in this Policy. Venture is committed to helping to create sustainable communities where tenants and residents can live without fear that their neighbourhoods will be blighted by the antisocial actions of a few.
The aim of Venture’s Nuisance and Antisocial Behaviour Policy is to ensure that correct and appropriate practices are adhered to, enabling staff to effectively manage and resolve identified and reported cases of nuisance and antisocial behaviour.
This Policy describes responses to dealing with the most common forms of complaints that are presented to Housing Management. The variety of such complaints and the range of possible solutions are enormous; therefore, the application of a good deal of common sense to address these problems is vital. The Policy details the definition of antisocial behaviour, legal authority and regulations, complementary policies and the ‘tools’ used to combat nuisance and antisocial behaviour. It must be borne in mind that every case is individual and all elements of each case must be very carefully considered.
This Policy mentions the various forms of harassment but Venture has a separate Harassment Policy in place. If the activities described here are
perpetrated with a racial motivation, then the procedure for racial harassment will be followed. Staff will be provided with appropriate training, support and resources to ensure quick, appropriate and effective action against perpetrators of nuisance and antisocial behaviour. Housing staff will investigate every report of this nature, give advice and, where appropriate, action will be taken. A conciliatory rather than a confrontational approach will be taken wherever possible.
By our actions, we will show our current and future tenants that we will not tolerate antisocial behaviour. We will take the necessary action, including:
Antisocial Behaviour Orders, Injunctions, Demoted Tenancy Orders, Acceptable Behaviour Contracts and, where necessary, Evictions to deal with
perpetrators
2. DEFINITION
The Antisocial Behaviour Act 2003 defines antisocial behaviour as 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 Association”.
Factors that determine a case’s seriousness include persistent and repeated antisocial behaviour and such cases may require a multi-agency approach. Antisocial behaviour ranges from what might appear to be nuisance and lack of consideration to serious criminal activity (see Appendix 1). The largest categories of complaints come within a low to medium level including clash of lifestyles, boundary disputes, litter, noise and the behaviour of children. These complaints will continue to be managed through effective use of the Tenancy Agreement, the use of mediation services and inter-agency working.
Less common, but with often more serious consequences, are cases involving harassment, violence, criminality and drug dealing. These cases can adversely affect the lives of whole neighbourhoods and add to the general problem of social exclusion. Such cases are not so readily amenable to
preventative measures or mediation and may require legal remedy to halt the behaviour or lead to eviction.
Appendix 1 outlines activities that will invariably constitute antisocial behaviour and the types of complaints we receive.
3. LEGAL AUTHORITY AND REGULATORY REQUIREMENTS
Venture is empowered by, and must comply with, a number of Acts of Parliament and regulatory requirements when managing cases of nuisance and antisocial behaviour. Principally, these include:
Environmental Protection Act 1990
Data Protection Act 1998
Noise Act 1996 covering statutory nuisance, including noise nuisance
Housing Act 1996
Protection from Harassment Act 1997
Crime and Disorder Act 1998, as amended 2002
Race Relations (Amendment) Act 1999
Human Rights Act 1998
Regulation of Investigatory Powers Act 2000
Housing Corporation Regulatory Code 2000
Antisocial Behaviour Act 2003
4. COMPLEMENTARY VENTURE POLICIES
Harassment
It is recognised that nuisance and antisocial behaviour can include, or in extreme cases lead to, harassment. Harassment is any form of behaviour, which results in people feeling uncomfortable or unsafe in their homes. It is any act of abuse, threatening behaviour or assault that is committed deliberately against any individual or a group of people. It can be verbal or physical and can include attacks on the person as well as the property. It is behaviour that is unwanted, unreasonable or offensive to the recipient. We will investigate harassment which, in Venture’s Policy, is defined in three ways: racial incidents, domestic violence and other types of harassment.
For other types of harassment, the definition outlined above will be used. For domestic violence, the definition will be that agreed by the Liverpool Domestic Violence Forum and, for racial incidents, Venture will continue to follow the definition recommended by the McPherson Report.
Venture’s Harassment Policy is available on request.
Suspension/Exclusion
Venture is strongly committed to the principle of managing its properties to the highest possible standard and, in conjunction with Liverpool City Council and other Registered Social Landlords in Merseyside, developed a Suspension Policy in 2002.
Venture will do all that it can to avoid any person being suspended from our housing lists but, where appropriate, such action will be taken for the benefit of Venture and the majority of tenants and the wider community. Specifically in terms of antisocial behaviour, applicants whose behaviour is, or has been, antisocial in nature at any time during the two years preceding their application for re-housing will be suspended from re-housing lists for a period of two years. Applicants will be advised of Venture’s decision in writing and will be given the opportunity to appeal.
Venture’s Suspension Policy is available on request.
Introductory Tenancies
Venture can use Assured Shorthold Tenancies to create introductory tenancies in order to provide a probationary period of a tenancy. The eviction process for introductory tenancies is different to that of a Secure or Assured tenant in that no grounds for possession have to be submitted to
the court. It is, however, recognised that good practice requires the reason for the possession and evidence for any possession action in respect of a starter tenancy.
Venture’s Policy on Introductory Tenancies is available on request.
5. MULTI-AGENCY WORKING/WITNESS SUPPORT
Antisocial behaviour is a complex phenomenon and is likely to require joint working to resolve. Venture recognises that adopting a multi-agency approach to problem solving is key to the development of effective strategies to prevent and manage nuisance and antisocial behaviour. Multi-agency Partnerships involving working with other Registered Social Landlords, the Police, Local Authorities, Neighbourhood Wardens and various other statutory and voluntary agencies are being established in all areas in which Venture operates. Venture presently attends meetings in Belle
Vale, Everton, Lodge Lane, Elm Park and Wirral. The importance of regular representation on these partnerships is key to helping improve and sustain communities. Data exchange protocols with the Police are being set up in all areas in which Venture operates. Venture will ensure a victim centred approach when dealing with nuisance and antisocial behaviour. Complaints will be dealt with promptly, with tenants being kept informed of any developments relating to their complaint. Advice on appropriate support services will be given where it is felt appropriate. It is recognised that witnesses will only come forward if they are confident that Venture is authoritative with perpetrators and is focused on the interests of the witnesses. Communication and practical personal support throughout the period of evidence collection and after court hearings is vital.
6. SUPPORTING PERPETRATORS AND THEIR FAMILIES
It is acknowledged that households involved in antisocial behaviour can have complex social and psychological support needs beyond those that can be provided for by Venture’s staff. Venture will be proactive, wherever possible, in supporting perpetrators to enable them to become rehabilitated. We will ensure that those suffering from mental health problems or any physical disability are treated fairly and sensitively. Staff will consider the impact of the Disabilities Discrimination Act.
We will assist in referring individuals to obtain help from agencies providing support services such as mediation services, mental health services, alcohol and drug abuse schemes and youth services.
7. LEGAL AND OTHER ACTION IN MANAGING NUISANCE AND ANTISOCIAL BEHAVIOUR
Antisocial Behaviour Act 2003
This piece of legislation strengthens the powers of landlords to deal with antisocial behaviour in the following ways:
i) A Power of arrest can be attached to an injunction obtained through the Local Government Act 1972 if there is a threat of violence or use of
violence or there is significant risk of harm.
ii) Proceedings for Possession: the Act now allows courts to take the following issues into account when they are considering granting possession orders:
The effect on those in the locality if the nuisance is repeated The effect of the nuisance on those in the locality The continuing effect of the nuisance Listed below are the various tools which Venture can use to help resolve problems of nuisance and antisocial behaviour:
1. Mediation
Venture recognises that mediation can be an effective solution to resolving neighbour disputes. Mediation is a process whereby a neutral third party enables two or more parties in dispute to seek a mutually acceptable resolution to their difficulties without recourse to formal or legal proceedings.
Mediation is usually only appropriate when both sides voluntarily choose to take this course of action. Nevertheless, it should be offered to all parties where deemed to be appropriate.
2. Acceptable Behaviour Contracts (ABCs)
Acceptable Behaviour Contracts are used to reach an agreement with an individual over the way in which they should behave. They have no legal status and have been developed informally by the Police and Local Authorities. An Acceptable Behaviour Contract is usually a written agreement between a 10 to 18 year old (or older if they live in Registered Social Landlord or some other types of accommodation) and Venture or the Police.
ABCs are an opportunity to engage with a person who has been involved in antisocial behaviour and agree with them the boundaries of acceptable behaviour. They are particularly useful in making it clear to a person who is alleged to have taken part in antisocial behaviour what is expected of them. It also makes the seriousness of the position clear to them and spells out the potential consequences should there be any future antisocial behaviour.
The agreement is flexible and can be used to address many types of behaviour. It should be used as a positive measure, providing an opportunity to the subject to move away from antisocial behaviour. ABCs may also be used alongside support packages provided by agencies.
The agreement normally requires that the young person ceases to perform some acts that are defined as antisocial. The Contract is not legally binding on persons under 18 but can be referred to in future court proceedings. The Contract will set out what behaviour is not acceptable and will
normally last for a minimum of six months and will be reviewed periodically. Breaches of Contract are assessed and can lead to further action being
taken. Acceptable Behaviour Contracts are often seen as a precursor to applying for an Antisocial Behaviour Order (see below).
Appendix 2 gives examples of Acceptable Behaviour Contracts.
3. Antisocial Behaviour Orders (ASBOs)
Antisocial Behaviour Orders are similar to an Injunction and can be obtained in the Magistrates’ Court or in the County Court if associated with a breach of tenancy conditions. They can be made against anyone who is 10 years old or above, who has acted in a “manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself”. Parenting orders may be applied to the parents or guardians of children aged between 10 and 17 years of age. Antisocial Behaviour Orders are intended to be preventative and orders remain in force for two years, or longer in certain circumstances, and the breach of an order is a criminal offence with conviction possibly leading to five years imprisonment, a fine or both. Different sentences may apply to juveniles.
4. Injunctions
An injunction is a civil remedy which is obtained through the County Court and either compels a person to do something or forbids a person
from doing something. The breach of an injunction is not, in itself, a criminal offence but it is contempt of court and could lead to a fine or
imprisonment. Injunctions under s.222 of the Local Government Act 1972 remain available but the Housing Act 1996 increases the powers
available to Local Authorities, particularly in the case of nuisance or antisocial behaviour. The Housing Act 1996 also allows for the power
of arrest in relation to a breach, or an anticipated breach, of the terms of the Tenancy Agreement.
Section 13 of the Antisocial Behaviour Act 2003 provides for three different types of injunction to respond to the problem of antisocial
behaviour by tenants. The available injunctions are:
- The antisocial behaviour injunction
- The injunction against unlawful use of premises
- The injunction against breach of tenancy agreement
Social landlords are now able to obtain injunctions against a very wide range of perpetrators of antisocial behaviour to protect a very wide
range of victims.
Injunctions can be very quick (as long as it is a genuine emergency) and can be granted for a limited time (ie. 1 or 2 days) without the
perpetrator being present. However, if the injunction is intended to last a long time, witness evidence must be provided.
5. Possession Orders and Eviction
A social landlord can apply to the County Court for an Order for Possession that could lead to eviction under the powers contained in the Housing Act 1985 and the Housing Act 1988, where nuisance or antisocial behaviour is affecting the locality. Venture will consider possession action via the County Court in managing nuisance and antisocial behaviour. This action will, in certain cases, result in the eviction of the perpetrator from their home. Venture will take into account the effect of the antisocial behaviour on the victim, the seriousness of the antisocial behaviour and the
alternative remedies available.
Possession action will be viewed as part of an incremental process that commences with giving people the opportunity to change their behaviour. It is acknowledged that possession proceedings may not always result in eviction, as undertakings or Suspended Orders may give the tenant a final chance to change their behaviour and remain in their home.
6. Demoted Tenancies
Section 15 of the Antisocial Behaviour Act 2003 enables Registered Social Landlords to apply to the County Court to make a demotion order in respect of its Secure or Assured tenancies. This is where the tenant, or a person residing in or visiting the property, has engaged in, or threatened to engage in, conduct to which S153A and B of the Act apply and:
- It is reasonable to make an order
Such an order lasts for one year. That time is extended if possession proceedings are commenced during that time. The demoted tenancy
will continue in such cases until:
- Proceedings are decided, settled or withdrawn, or
- The Claimant landlord takes no action for 6 months to progress the possession claim.
On a claim for possession, a scheme similar to the current introductory tenancy regime will operate. Provided the Court is satisfied the
landlord has served a Notice in the correct form and with the correct details (ie. the Notice states the Court will be asked to make a
Possession Order and gives details of the reasons why, gives the earliest date on which proceedings can begin and informs the tenant of
the right to review, time limits for review and where to get help and advice from) the Court must grant a Possession Order. Any review should also have been carried out properly (ie. by a suitably independent person, Chair or Vice-Chair of the Association) and the decision of the review, with reasons, must be communicated to the tenant before the issue date for possession proceedings stated in the Notice.
All other terms of the demoted tenancy (ie. rent) are exactly the same as they were under the Secure or Assured tenancy before it was
demoted. On succession, a demoted tenancy can only be succeeded to if the demoted tenant was not a successor and, at the date of their death, a family member had been living with them for the previous 12 months. Demoted tenancies can only be assigned following a Court Order.
8. RECORD KEEPING
Venture will record and regularly monitor cases of nuisance and antisocial behaviour. All cases requiring action will be presented to Venture’s Performance Review Meetings held on a six-weekly cycle. Cases will be monitored through fortnightly Team Meetings. All legal action and the tools used will be logged and kept centrally by the Housing Management Clerical Assistant.
APPENDIX 1
WHAT IS ANTISOCIAL BEHAVIOUR?
Other than the legal definition, there is no generally accepted definition of antisocial behaviour. However, there are commonly recognised elements which are listed below:
Racial and Homophobic Harassment
Venture will continue to take a victim oriented approach on harassment. This is usually the most insidious type of antisocial behaviour, capable of causing the greatest community unrest if not tackled effectively and with commitment.
Criminal Behaviour
“Criminal” is defined in its strict legal sense and can include behaviour such as:
Motoring offences
Acts of physical violence
Theft and burglary
Prostitution
Drugs, Alcohol and Solvent Misuse
Antisocial behaviour can be attributed to the supply, use or misuse of illegal drugs, alcohol or solvents. It can include behaviour such as:
Violence
Noise
Verbal abuse
Theft
Damage
Used syringes left in communal areas
Drinking alcohol in public areas
Domestic Violence and Abuse
This can include complaints by the person directly affected, a member of the household or a neighbour being caused distress or disturbance by incidences which are attributed to domestic violence.
Noise
Antisocial behaviour generated by noise nuisance can include:
Parties
Playing musical instruments
Shouting
Noise from TVs, radios and hi-fis
Burglar alarms
Noise from children
Gardens
Antisocial behaviour can arise from the use or misuse of gardens and can include:
Overgrown gardens
Rubbish in gardens
Nuisance from bonfires
Vermin in gardens
Lack of garden maintenance
Vehicles located in gardens without permission
Temporary structures such as sheds, pigeon lofts and barbecues which can create an eyesore or lead to loss of light for a neighbour
Verbal Abuse
Such antisocial behaviour can include:
Foul and abusive language
Unfounded or unreasonable allegations
Harassment
Aside from the potentially more serious racial or homophobic harassment, antisocial
behaviour can include elements of harassment sub-divided by:
Age
Gender
Religion
HIV and Aids
Mental health
Disability
Vandalism and Damage to Property
This can include deliberate damage caused to public and private housing such as:
Graffiti
Damage to communal areas and fittings
Damage to fencing, walls and doors
Damage to the personal property of others
Pets and Animals
Antisocial behaviour can be generated by the owning and keeping of pets and
animals and can include:
Animals fouling communal areas
Animals being allowed to run unsupervised on balconies and footpaths
Animals fouling in a person’s home or garden so a health hazard may be created
Unreasonable or excessive noise or odours from animals
The keeping of unsuitable or dangerous animals
The keeping of livestock
The feeding or attracting of birds and other animals (for example, pigeons attracted to balconies)
Intimidation
Antisocial behaviour can be generated where language or behaviour is used deliberately so as to intimidate a person and prevent them from the quiet enjoyment of their home. It can include such acts designed to prevent a person from:
Reporting the activities or the perpetrator
Coming forward as a witness in a case of antisocial behaviour
Nuisance from Vehicles
Antisocial behaviour can result from the use, ownership or repairing of vehicles and
can include:
Vehicle repairs
The cause of nuisance through late night noise or lighting
Excessive or inappropriate use of shared parking facilities
Inconsiderate parking of vehicles so as to cause obstruction or damage to pedestrian or grassed areas
Noise from car alarms
Boundary Disputes
Antisocial behaviour can arise between two or more parties where the main issue concerns a physical boundary and can include the size, position or height of a hedge, wall, fence or similar boundary.
Nuisance from Business Use
Antisocial behaviour can arise where residential premises are used for business use in contravention of tenancy conditions or planning regulations. It can include:
The buying, selling or repairing of motor vehicles
Noise caused by business use (eg. deliveries and callers)
Damage to property caused by business use
Parking problems caused by business use
Rubbish and Misuse of Communal Areas
Antisocial behaviour can be generated by the improper or unsanitary use of homes
and communal areas and can include:
The dumping of rubbish in communal areas
The keeping of the home in an unsanitary or unhealthy state
Begging and Street Nuisance
The development of a strategic approach to tackling all aspects of antisocial behaviour will usually require action to deal with begging and street nuisance. Such action will rarely be effective without a multi-agency approach to develop substance misuse, accommodation and rehabilitation policies.
ACCEPTABLE BEHAVIOUR CONTRACTS - EXAMPLES
Acceptable Behaviour Contract – Example 1
This contract is made on day of 2004
Between Venture Housing Association Ltd and
1. I will not use threatening, abusive or insulting language within hearing of any person or people not of the same household as myself.
2. I will not use, or threaten to use, violence towards any person or people.
3. I will not cause, or threaten to cause, damage to another’s property or personal belongings. This includes property belonging to the Council and
other authorities/agencies as well as property belonging to individuals.
4. I will not act in a drunken or disorderly manner in a public place.
5. I will not steal, or attempt to steal, any goods from any shop, petrol station, bookmakers or other retail outlet.
6. I will not obstruct the Police in their duty or attempt to escape from lawful custody.
7. I will not enter, or attempt to enter, any vehicle to drive, or to be carried in any vehicles except for travelling on a bus, taxi lawfully hired or being carried in an emergency vehicle, or any vehicle that has full legal documentation and is being driven by someone legally entitled to do so.
8. I will not remain in another’s dwelling or on another’s property once asked to leave by the occupant or a resident of that dwelling, a Police Officer or another authorised person.
9. I will remain at my home address between 21.30 hrs and 06.00 hrs on every day, except whilst accompanied by a parent, Youth Offending Team Officer or a designated mentor.
Furthermore …………………… enters into a commitment not to act in a manner that causes, or is likely to cause, harassment, alarm or distress to any person or people not in the same household.
Breach
If ………………………….. does anything which they have agreed not to do under this contract which the Council considers to amount to antisocial behaviour, the Association may make an application to the Magistrates’ Court for an Antisocial Behaviour Order. This will be to prohibit ………………………… from acting in a manner likely to cause harassment, alarm or distress to one or more persons not of the same household.
Venture Housing Association may also apply for an order placing………………………........... under further restrictions similar to those contained in
this agreement.
Furthermore …………………………….. acknowledges that where an Antisocial Behaviour Order is made by the court and breached, they will be liable, on
conviction, to a term of imprisonment not exceeding five years; if still under eighteen years of age, a period of detention of up to two years, a fine or both.
Acceptable Behaviour Contract – Example 2
This contract is made on the day of 2004
Between Venture Housing Association working in partnership with Merseyside Police and .
1. I will not enter, or attempt to enter, any vehicle to drive, or to be carried in any vehicles except for travelling on a bus, taxi lawfully hired or being carried in an emergency vehicle, or any vehicle that has full legal documentation and is being driven by someone legally entitled to do so.
2. I will not steal, or attempt to steal, any goods from any shop or other retail outlet.
3. I will not remain in any shop, public house, nightclub or other retail outlet once asked to leave by a member of staff, Police Officer or Security Officer.
4. I will not cause, or threaten to cause, damage to another’s property or personal belongings.
5. I will not use or threaten to use violence towards any person or people not of the same household as myself.
6. I will not act in a disorderly manner in a public place.
7. I will not obstruct the Police in their duty or attempt to escape from lawful custody.
Furthermore .......................................... enters into a commitment not to act in a manner that causes or is likely to cause harassment, alarm or distress to any person or people not in their household.
Breach
If …………………………… does anything which they have agreed not to do under this contract which the Council considers to amount to antisocial behaviour, the Council may make an application to the Magistrates’ Court for an Antisocial Behaviour Order. This will be to prohibit ……………………………from acting in a manner likely to cause harassment, alarm or distress to one or more persons not of the same household. The Council may also apply for an order placing………………………… under further restrictions similar to those contained in the agreement.
Furthermore ……………………………………… acknowledges that where an Antisocial Behaviour Order is made by the court and breached, they will be liable, on
conviction, to a term of imprisonment not exceeding five years.
Declaration I confirm that I have understood the meaning of the contract and the consequences of breach of the contract have been explained.
Signed: ………………………………………………………………………….
Date: ……………………………….
Signed: ………………………………………………………………………….
Parent/Guardian
Date: ………………………………
Signed: ………………………………………………………………………….
Venture Housing Association
Date: …………………………….