Anti-Social Behaviour Policy
2023 – 2026
Brief Policy Summary:
This Policy sets out how we will respond to acts of Anti-Social Behaviour (ASB)
that are perpetrated within our properties and in our Neighbourhoods. It sets
out how we will seek to keep complainants/witnesses of ASB safe and secure
whilst they reside within our properties and how through the use of our tenancy
agreements we will take enforcement action against those responsible for
perpetrating acts of ASB.
- . This policy will provide a framework in which we will manage Anti-Social Behaviour (ASB) within our neighbourhoods, setting out our commitment to challenge unacceptable behaviour to improve our customers lives.
- Supporting the Corporate Plan and Neighbourhood Strategy:
“We will respond quickly and effectively to reports of ASB, work with partners to reduce crime and work with partners to provide support for victims of crime”
- This policy has been written taking into account feedback from customers to ensure that ASB is dealt with consistently and robustly and meets our customers’
expectations. Customer feedback included requests to ensure the policy explained:
• Differences between what is ASB, Tenancy Management, Lifestyle Choices
• Definition of Noise ASB
• Timescales for responding to complainant and contacting perpetrator
• Handling of anonymous complaints
• Information provided at the start of a case
• Potential outcomes and legal powers
- Recognising that:
• ASB can have a disruptive effect on individuals and whole communities; it affects community cohesion and left unchallenged leads to breakdown of communities;
• every individual is entitled to peaceful enjoyment of their home and the
surrounding areas regardless of the tenure of the property; and
• as a major landlord in Lincolnshire and North East Lincolnshire, we must play a lead role in tackling all types of ASB.
- This policy outlines how we will deal with reports of ASB, including Hate Crime, and applies to all customers of LHP.
- Domestic Abuse is covered in a separate Domestic Abuse Policy.
- This Policy document should be read in conjunction with:
- To provide a clear understanding and definition of what is ASB.
- Detail the legal and regulatory framework that we are required to comply with.
- To outline our approach to dealing with ASB, and partnership working.
- Detail the range of interventions and powers available to us.
- The part 1, Section 2 – Anti- Social Behaviour, Crime and Police Act 2014 provides an overarching definition of ASB:
(1) In this part “anti-social behaviour” means:
a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person
b) conduct capable of causing nuisance or annoyance to a person in relation to that persons occupation of residential premises
c) conduct capable of causing housing related nuisance or annoyance to any person.
- Hate crime as defined by the police and the Crown Prosecution Service is “Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice, based on a person’s age or perceived age, disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or transgender identity or perceived transgender identity.”
- We define a “Noise” complaint as ASB when it is prolonged and persistent, i.e. is over 1 hour a day for at least 5 days within a week.
Legislation and RSH Consumer Standards
- We will comply with the relevant sections of the RSH Consumer Standards “Neighbourhood and Community Standards”:
- 3 Registered providers shall work in partnership with other agencies to prevent and tackle anti-social behaviour in the neighbourhoods where they own homes.
- 3.1 Registered providers shall publish a policy on how they work with relevant partners to prevent and tackle anti-social behaviour (ASB) in areas where they own properties
- 3.2 In their work to prevent and address ASB, registered providers shall demonstrate:
(a) that tenants are made aware of their responsibilities and rights in relation to ASB
(b) strong leadership, commitment and accountability on preventing and tackling ASB that reflects a shared understanding of responsibilities with other local agencies
(c) a strong focus exists on preventative measures tailored towards the needs of tenants and their families
(d) prompt, appropriate and decisive action is taken 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
(e) all tenants and residents 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
(f) provision of support to victims and witnesses
- We will meet our legal obligations under the following legislation (this is not an exhaustive list):
|Anti-Social Behaviour, Crime and Policing Act 2014|
|Anti-Social Behaviour Act 2003|
|Crime and Disorder Act 1998 as amended 2002|
|Regulation of Investigatory Powers Act 2000|
|Equalities Act 2010|
|Human Rights Act 1998|
|Housing Act 1985, 1988 and 1996|
|Children’s Act 2004|
|Care Act 2014|
|Information Commissioners Office (ICO) Guidance|
What is ASB?
- The table below demonstrates some examples of what we consider ASB and what we do not consider ASB. This is not an exhaustive list and ASB is not limited to these examples. The action we take will be based on the circumstances of each case.
|Examples of behaviour we consider to be ASB:||Examples of behaviour we do not consider to be ASB:|
|Prolonged and persistent Noise||Everyday living noise like children playing, babies crying, washing machines, BBQs, one off parties, dog barking.|
|Threats of physical violence||Ball games|
|Intimidation and harassment like stalking and hate crimes||People being unpleasant to one another, name calling, staring, disputes on social media, where the behaviour is not deliberately intimidating|
|Criminal damage or behaviour||Minor one-off parking issues that are not deliberately intimidating|
|Dealing or taking drugs||Cooking odours and household smells|
|Uncontrolled animals||Cats and Birds behaviours|
- Where the behaviour is deemed not to be ASB and is a Tenancy Management issue this will be managed by the Housing Team, with support from the ASB team as required.
- We do not consider Cannabis smells to be ASB. However, where the Local Authority and Police are actively managing these cases we will accept reports and liaise with those agencies.
Reports of ASB
- We will provide a range of ways in which all our customers can report ASB, with alternative methods on request, for complainants and witnesses who have a disability which prevents them using the methods above.
- Anonymous reports will be recorded and action taken where we find evidence of ASB.
- Reports of alleged ASB will be triaged at first point of contact to establish if the matter is for the Police, Housing Management or ASB.
- We will actively balance the different needs of the customers involved with the ASB case to understand how the ASB is affecting all parties, and identify solutions that work for them.
- A tiered approach will be taken to resolving cases, and any action will be reasonable and proportionate to the behaviour and agreed with the Complainant.
- We will not move complainants, witnesses or perpetrators as a means of dealing with the issues. The only exception to this is when a complainant or witness is in immediate danger. The decision to move a complainant or witness will only be made after consultation with the ASB Manager and partner agencies, and approval sought from the Corporate Head of Customers
- We will always consider the wellbeing and safety of children and vulnerable adults, and when a complainant, witness or perpetrator of ASB is identified as being vulnerable, a referral will be made to the relevant support service (with consent where necessary).
- The following flowchart demonstrates our approach when receiving an ASB report and how we will manage customer expectations:
- The following Table provide details of the legislation and legal enforcement powers available for ASB:
|Legislation||Power||Accountable Body||ASB Activity|
|ASB Crime and Policing Act 2014||Criminal Behaviour Order||Police||Nuisance behaviour|
|ASB Crime and Policing Act 2014||Dispersal Power||Police||Nuisance behaviour|
|ASB Crime and Policing Act 2014||Community Protection Warning and Notice||Police/Local Authority We have delegated powers in NELC to issue CPW/CPN;s||Nuisance behaviour|
|ASB Crime and Policing Act 2014||Public Spaces Protection Order||Local Authority||Nuisance behaviour|
|ASB Crime and Policing Act 2014||Closure Power||Police/Local Authority||Nuisance behaviour|
|ASB Crime and Policing Act 2014||Civil Injunction Order||Police/Local Authority/LHP||Nuisance behaviour|
|Housing Act 1985||Possession Orders
Warrants of Eviction
|Environmental Protection Act 1990||Noise Abatement Notice||Local Authority||Noise (Statutory Nuisance)|
Partnership Working and Exchange of Information
- We recognise the responsibility for tackling ASB is not the sole responsibility of one agency, successful management and prevention of ASB depends upon agencies working together and freedom to exchange information.
- We will work with a range of external agencies to prevent and manage ASB in our neighbourhoods.
- We will ensure that we have signed information sharing protocols so that information about perpetrators may be shared with other agencies for the purpose of preventing ASB or crime.
- The Community Trigger within the ASB, Crime and Policing Act 2014 allows members of the community to ask for a review of the responses to their reports of ASB. Any concerns raised through the Community Trigger will be dealt with in line with the local authority procedure for that area. Guidance as defined in the Anti-Social Behaviour Crime and Policing Act 2014.
- Complainants will be made aware of the Community Trigger through correspondence and our website.
Measures of Success and Monitoring
- 34. Our Strategic Outcome is for customers to live in neighbourhoods that are clean and safe and have a sense of community.
- 35. We aim to achieve a level of performance within the top 25% of benchmarking (Housemark Upper Quartile) in the following areas:
- Case Numbers:
- Customer Satisfaction with Case Outcome
- Satisfaction that the landlord listens to tenant views and acts upon them
- Agreement that the landlord treats tenants fairly and with respect
- Satisfaction that the landlord makes a positive contribution to neighbourhoods
- Satisfaction with the landlord’s approach to handling antisocial behaviour
- Anti-social behaviour cases relative to the size of the landlord
36. We will comply with our Performance Monitoring Policy and monitor our performance through regular presentation of information to the Leadership Team, Operations Committee and the Board.
37. The Policy will be reviewed every three years. In addition, it will be reviewed:
- Following information to suggest that the Policy is not effective
- To reflect any service enhancements
- Following the introduction of relevant new legislation, regulations or guidance