Anti Social Behaviour Policy

The term anti-social behaviour can mean different things to different people. Great Places considers anti-social behaviour to be:

A wide-range of unacceptable activity that can negatively impact the lives of many people, often on a daily basis. It can leave those affected feeling helpless, desperate and with a seriously reduced quality of life.

There are also legal definitions of anti-social behaviour which are subject to a number of legal tests in order for action to be taken.

Nuisance and harassment is behaviour that unreasonably interferes with other people’s rights to the use and enjoyment of their home and community, and which is likely to cause offence, alarm, or distress to another individual or household.

General disagreements, staring or looking at someone, life style clashes, children playing or youths innocently congregating, ball games, parking disputes, children falling out or arguing, a one-off party or BBQ, or household noise such as toilets flushing, washing machines, babies crying, smoking in own property or doors closing.

This is not a definitive list and reports will be assessed on a case by case basis.

Great Places will keep in touch with changes in Government policies and guidelines and will continuously review this policy in a national and local context. At the time of writing, the regulatory and legal framework was as follows:

Regulatory Framework: Neighbourhood and Community Standard

Under the Neighbourhood and Community Standard, registered providers are required to publish a policy on how they work with relevant partners to prevent and tackle anti-social behaviour (ASB) in areas where they own properties. In addition, registered providers shall demonstrate:

• That customers are made aware of their responsibilities and rights in relation to ASB
• Strong leadership, commitment and accountability on preventing and tackling ASB that reflects a shared understanding of responsibilities with other local agencies
• A strong focus on preventative measures tailored towards the needs of customers and their families
• Prompt, appropriate and decisive action to deal with ASB before it escalates, which focuses on resolving the problem, having regard to the full range of tools and legal powers available
• All customers can easily report ASB, are kept informed about the status of their case where responsibility rests with the organisation, and are appropriately signposted where it does not
• Provision of support to victims and witnesses.

The Regulatory of Social Housing has just published a consultation document on proposals for new consumer standards outlining new specific outcomes and expectations, and the Policy will be updated to reflect any changes to our responsibilities.

Legal Framework

Great Places has a duty of care to victims of crime and ASB and is required to meet regulatory and legislative guidance as follows:

• Anti-social Behaviour, Crime and Policing Act 2014
• Equality Act 2010
• Crime and Disorder Act 1998, as amended 2002
• Housing Act 1996
• Human Rights Act 1998

Great Places works across a number of Local Authority areas in the North West and Yorkshire.

This ASB policy overarches our approach to dealing with ASB. Some operational activities and practices will be shaped by local priorities and local standards.

The overall aim of this policy is to outline our approach to dealing with specific incidents that impact on creating cohesive and safer neighbourhoods.
Our key objectives are:

• Work in partnership to prevent incidents and reoccurrence of ASB in the communities where we operate. This may include taking action or supporting action being taken against any person, who may or may not be our customer.
• As part of our approach to working in partnership with other agencies, we will work with key agencies who are best placed to deal with the type of ASB reported. We recognise that we are as much part of the ‘partnership’ approach as our partners and will aim to find the best solution for our customers to prevent the ASB.
• Prioritising early intervention and promoting swift action to prevent issues from escalating.
• Work with vulnerable customers, both victims and perpetrators alongside partner agencies to provide a holistic and appropriate response to tackle ASB and support those suffering in our communities.
• Not tolerate any behaviour that is designed to threaten, intimidate or abuse our colleagues or contractors. Should we deem it necessary, where colleagues are subjected to this type of behaviour from customers, we may seek legal remedies.
• Use legislation and other tools to assist us in developing an effective approach in the prevention and management of ASB.
• Promote fair and equal treatment for everyone.
• Ensure that information is treated confidentially and responsibly.

Great Places is committed to preventing incidents of ASB occurring and will use a range of preventative actions to achieve this. Where incidents have occurred, we recognise that early intervention is key to avoid escalation.

• We will record and respond to reports of ASB within three working days.
• We will provide the individual reporting a case to us with a named contact and speak to them before we close any case. We may ask for their help in our investigations, which might include keeping records of incidents.
• We will assess the information provided to us when responding to reports of ASB, and offer advice and support to help individuals and communities find solutions independently where this is appropriate. We will ‘check in’ with customers who have taken advice or been sign posted by us and agreed to seek their own solutions, to ensure the ASB issues have been resolved. Where issues continue when we check in, we will reassess any advice and work with the customer to consider alternative
  options to resolving the issues.
• We will use a combination of professional judgement and our ASB risk assessment framework to assess ASB demands, adopting a harm based approach.
• We will seek a multi-agency approach when dealing with reported issues and will work with partner agencies such as the police, probation, social services, education, youth services, safeguarding and mental health professionals.
• We will actively encourage engagement between parties in our approach to resolving issues through coaching and our mediation offer, aiming to resolve issues before they escalate.
• Starter Tenancies will be used as a preventative tool in line with our Starter Tenancy Policy for new customers, where possible.
• Where specific vulnerabilities are identified, we will endeavour to provide a tailored approach to those suffering and those perpetrating.

Great Places recognises that there will inevitably be cases where conciliation, mediation and working with other agencies may not be successful, and in such circumstances, where sufficient evidence is available, enforcement action will be pursued in partnership with other statutory agencies.

A range of tools are available to Great Places in order to take action against perpetrators, these include:

• Injunctions (including: undertakings, exclusions and positive requirements)
• Possession proceedings
• Absolute possession powers
• Demotion of tenancies

We will work with our customers and partners to consider other potential solutions, such as utilising powers that we don’t have as a social landlord, including:

• Abatement Notices
• Closure notices/ order
• Criminal Behaviour Orders (CBOs)
• Dispersal Orders
• Parenting Orders
• Community Protection Warnings/Notices

We will:

• Ensure reports of ASB are assessed and resolved at the point of contact wherever possible.
• Provide a variety of methods in order to report incidents of ASB including telephone, face to face, third party, email, and via our website. This will also include an ASB out-of-hours reporting line.
• Ensure that we assess reports made to us in line with equality and safeguarding frameworks, so that we can identify vulnerabilities to inform our approach. Safeguarding concerns that meet the statutory definition, will be dealt with as per the Safeguarding and Protection from Abuse Policy and Procedures.
• Provide access to translation/interpretation in appropriate languages. Documents will be produced in large print, Braille or audio format where required.
• Consider the need for additional security and target hardening measures as appropriate.
• Make arrangements to remove offensive graffiti.
• Agree a frequency of contact that meets both our needs, and ensure that we work with other relevant agencies, such as victim support and advocacy services, for support both before and after any court appearances.
• In extreme cases, where there is a significant risk of harm that cannot be addressed by other interventions, we may consider rehousing options in line with our Allocations and Lettings Policy.

In addition to the above, we recognise that some customers, whether they are the victim or perpetrator, may have complex needs and may require additional support. This could include those who have issues such as:

• Drug abuse
• Alcohol abuse
• Mental health issues or any form of disability
• Children at risk
• Young people leaving care

We will work with vulnerable witnesses and victims to obtain relevant information that might help us, together, agree a plan of support that is considered appropriate, proportionate and achievable.

Where a perpetrator of ASB has such vulnerability, while this will not be a barrier to taking enforcement action when necessary, we will try and ensure that they have access to support to help address any unacceptable behaviour. This may include liaising with relevant professional organisations or support being provided in-house. We will work with partner agencies where support is available.

We will undertake an equality impact assessment as appropriate to ensure we make adjustments to our approach in order to avoid causing any disadvantage to those protected by the Equality Act 2010.

On occasion, and where appropriate, we may seek advice from independent professionals including medical, mental health, fire safety.

We will treat all information received with the strictest of confidence. In the first instance, the best interest and wishes of the complainant will drive the actions that we will take. As a registered provider, we have a duty to share information with relevant agencies as set out by the Crime and Disorder Act 1998. This will be done in accordance with the UK General Data Protection Regulations and any information sharing protocols we have in place. 2

It is important to understand that in certain circumstances confidentiality may be subjected to ar duty to disclose relevant information to other statutory agencies e.g. if there is any reason to suspect that children are at risk.

Great Places recognises that dealing with ASB is not the sole responsibility of any single agency. We will work closely across all of the Local Authorities with all relevant agencies, and will share information with appropriate partners within the framework in which we work.

We have a commitment to the rehabilitation of offenders and will work within  existing frameworks and develop information sharing protocols. Interface agreements may also be developed in order to share information.

Great Places is committed to preventing ASB and promotes safety and security for all customers living in our communities. In order to achieve this objective, we will use a range of tools to tackle ASB in our communities, and demotion of tenancy is one of the options available to us.

Early intervention tools and the relevant legal protocols and litigation tests must have been implemented prior to any consideration of demotion.

What is a demotion of tenancy?

The standard Great Places tenancy is an assured non-shorthold tenancy which provides our customers with security of tenure. A demoted tenancy (assured shorthold tenancy) replaces the assured non-shorthold tenancy and reduces the customer’s security of tenure and gives them less rights.

We do also have some secure tenancies at Great Places, and following a demotion the secure tenancy would be replaced with an introductory tenancy.

Under the terms of a demoted tenancy, if there are further breaches of tenancy (namely ASB issues), Great Places can apply for mandatory possession of the property to end the tenancy without the need to rely on the discretionary grounds for possession.

Demotion and vulnerable customers with support needs

Some perpetrators of ASB may have complex needs and require additional support. A Demotion Notice against vulnerable perpetrators would only be sought in severe circumstances where all other feasible avenues have been exhausted.

At Great Places, demotion of tenancy will be used as an alternative to a possession. Demotion serves as a last chance incentive to perpetrators of ASB to address their behaviour before possession proceedings are taken, and potentially provides witnesses with some relief from future detailed and involved court proceedings should a breach be sufficiently evidenced.

The absolute ground for possession was introduced by the ASB, Crime and Policing Act (2014) which is intended to be used to gain possession of the property where one of the following has taken place:

• Conviction of a serious offence in the locality (specified in Schedule 2A of the Housing Act 1985)
• Found by a court to have breached a civil injunction
• Convicted for breaching a Criminal Behaviour Order (CBO)
• Convicted for breaching a Noise Abatement Notice
• Customer’s property has been closed for more than 24 hours under a closure order

Registered providers can apply for a possession order without the need for a full trial to prove the detail of specific breach, due to the breach itself having been previously proven in a court of law. Legal tests and thresholds still apply and not every case that corresponds with the above list will be suitable for absolute possession.

Where Great Places decide to take absolute possession proceedings, all cases will be provided with the opportunity to have the decision reviewed. The process and timescales for secure tenancies are set out in the legal framework, however assured tenancies will be processed in line with the timescales for our starter tenancy appeals process.

All data collected in this respect will be managed in accordance with the UK General Data Protection Regulations and Regulation of Investigatory Powers Act 2000.

Sound monitoring equipment
We may use sound monitoring equipment or ask customers to utilise the Noise App on their mobile phones to help us investigate reports of noise nuisance. Evidence gathered may be shared with relevant authorities in line with legislation and information sharing protocols.

Covert surveillance
Any consideration for the use of covert surveillance, will be robustly assessed at a senior level and managed in accordance with our legal obligations.

Overt surveillance
Where we consider the use of temporary, targeted overt surveillance, this will be conducted in line with the relevant data laws and national guidance on public space CCTV produced by the Information Commissioners Office (e.g. privacy impact assessments).

Public space CCTV
Great places have a number of permanent public space CCTV systems employed across areas in which we operate. For information in relation to how these systems are managed please refer to the CCTV Policy.

When it comes to our Plumlife managed properties, our approach to dealing with ASB is led by the relevant leasehold covenants. On occasions, our responsibilities to customers of different tenures can cross over – in these cases we will assess the duty we have to each party and provide clarity on the support available to address the issues they are facing, which may involve Great Places, depending on the cause of action and contractual relationship.

Customers can activate a community trigger or case review by either contacting Great Places or following their Local Authority process and criteria. Where an activation is made to Great Places, we will inform the relevant parties and work with our partners to support the customer through the process.

Where Great Places is subject to an activation, our Housing & Enforcement team have a two tier process in place for reviews – activations can be made by emailing details to communitytrigger@greatplaces.org.uk.

We will collect and review performance data we collect to report on the effectiveness of our service, including the Tenant Satisfaction Measures. Our performance will be reported to customers on a regular basis and through service updates and performance reports to our Directors team, Executive and Great Places Board.