P o licy: C u sto m er S ervices - H ou sin g

Title of policy:
Antisocial Behaviour Policy
Date of adoption or last
review:
February 2011
Lead officer:
Manager IOAH
Date of next review:
February 2014
Performance standard:
AS1.9: We deal appropriately with
antisocial behaviour. Where appropriate
we work in partnership with others to
manage such behaviour.
Trust Housing Association Ltd
Antisocial Behaviour Policy
Policy: Customer Services - Housing
Trust Housing Association Limited
Contents
Page
1
Introduction
3
2
Aims and Objectives
3
3
Legislative Framework & Definitions
3
4
Scope of Policy
4
5
Tenant’s Responsibilities
4
6
Partnership Working
5
7
Powers of other agencies
5
8
Categories of Complaint
6
9
Enforcement & Prevention
6
10
Resources
7
11
Procedures & Training
7
12
Confidentiality & Supporting Complainants, Victims & Staff
7
13
Recording & Monitoring
8
14
Health & Safety
8
15
Formal complaints
8
16
Equal Opportunities
9
17
Confidentially, Data Protection & Access
10
18
Availability of the policy
10
19
Policy Review
10
20
Contacts
11
2
Trust Housing Association Ltd
Antisocial Behaviour Policy
1.
Introduction
1.1
Trust Housing Association Ltd, (the Association) incorporating Isle of
Arran Homes, an initiative of Trust Housing Association Ltd, is a
registered non – profit making Housing Association operating
throughout Scotland. A key objective of the Association is to provide
quality, affordable homes within safe and attractive environments.
1.2
The Association believes that tenants and residents in the
Association’s owned housing areas should have the right to peaceful
enjoyment of their homes and the community in which they live. They
should be able to feel safe in their homes and respect and enjoy the
environment of their housing estate; and should not cause a
disturbance which would prevent other tenants and residents from
peacefully enjoying their own homes. The Association, wherever
reasonably possible, will work with tenants and others to achieve this.
1.3
This Antisocial Behaviour policy lays out the framework within which
the Association will manage and deal with neighbour disputes,
neighbour nuisance and antisocial behaviour within the Association
housing area’s throughout Scotland. This policy should be read in
conjunction with the procedure of the same name.
2.
Aims and Objectives
2.1
The Association is committed to tackling antisocial behaviour in an
effective manner, taking appropriate and proportionate action to create
a balance between the prevention of anti social behaviour and the
enforcement of a tenant’s tenancy agreement.
2.2
This commitment will be achieved by adopting the approach of working
in partnership with other agencies, involving all of the parties
concerned whenever possible and helping them to work towards
resolving issues without the need of enforcement action, which will only
be used as a last resort.
3.
Legislative Framework & Definitions
3.1.1 This policy has been implemented on the basis of a number of pieces
of legislation. These include:
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Antisocial Behaviour etc (Scotland) Act 2004
Housing (Scotland) Act 2001
Crime and Disorder Act 1998
The Race Relations Act 1976 & Race Relations (Amendment) Act
2000
Environmental Protection Act 1990
Civic Government (Scotland) Act 1982
Dangerous Dogs Act 1991
Data Protection Act 1988
Access to Personal Files Act 1987
3.2
A definition of antisocial behaviour can be found in Section 19 of The
Crime and Disorder Act 1998. The Housing (Scotland) Act 2001
defines antisocial behaviour as “any conduct causing or likely to cause
alarm, distress, nuisance or annoyance to any person or causing
damage to anyone’s property”. Section 143 of the Antisocial Behaviour
etc (Scotland) Act 2004 states that “a person engages in antisocial
behaviour if they (i) act in an antisocial manner that causes or is likely
to cause alarm or distress, or (ii) pursues a course of conduct that
caused or is likely to cause alarm or distress, to at least one person
who is not of the same household. Conduct includes speech and a
course of conduct must involve conduct on at least two occasions”.
4.
Scope of policy
4.1
This policy covers all tenants of Trust Housing Association Ltd
regardless of the type of tenure that they hold.
4.2
This policy replaces all previous Trust policies in relation to the
management of Antisocial Behaviour.
5.
Tenant’s and Sharing Owner’s Responsibilities
5.1
All the Associations tenants have a contractual relationship with the
Association through their tenancy or occupancy agreement. In the case
of tenants this is the Scottish Secure Tenancy Agreement (SSTA) and
for shared owners is the Occupancy Agreement.
5..2
Section 3 of the Association’s SSTA covers ‘respect for others’. The
Association’s Tenant Handbook has a section under Complaints called
‘Complaints about neighbours’ and the Association’s Sharing Owners
Handbook has a section which covers ‘Being a Good Neighbour’.
These should be referred to for further information.
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6.
Partnership Working
6.1
However committed the Association may be to dealing with antisocial
behaviour within its housing stock, it is not possible for the Association
to do this in isolation. Partnership and close multi-agency working is
essential to allow the Association to successfully tackle antisocial
behaviour. The Association has previously worked with and will
continue to engage and liaise with the following bodies, as necessary,
in the implementation of its Antisocial Behaviour Policy.
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Local Authorities
Relevant Police forces and Police Authorities
Mediation Services including SACRO
Procurator Fiscal Services
Scottish Children’s Reporter Administration and the Children’s
Hearing System
Victim Support
Registered Tenants Associations/Organisations
Community Groups and Community Associations
Local Authority Adult Support and Protection officers
6.2
The Association will, where appropriate, participate with other agencies
in any initiatives set up to prevent and tackle antisocial behaviour. The
Association’s aim with this approach is that its tenants, where ever they
may be in Scotland will be able to benefit directly or indirectly from the
Associations involvement.
6.3
The Association recognises that in some instances of Anti Social
Behaviour or nuisance cases one or either party may fall under the
terms of the Adult Support & Protection Act. Therefore, when
appropriate, staff should also refer to the Association’s Adult Support &
Protection Policy.
7.
Powers of Other Agencies
7.1
Various bodies have powers and responsibilities relating to a number of
common nuisances. These are listed briefly below and should be
contacted directly for more information.
Environmental Health - based on the following legislation: Public Health
(Scotland) act 1897, Control of Pollution Act 1974, Civic Government
(Scotland) Act1982.
Social Work departments – based on the following legislation: Social
Work (Scotland) Act 1968, Mental Health (Scotland) Act 1984, Children
(Scotland) Act 1995, Adults with Incapacity (Scotland) Act 2000, Adult
Support & Protection (Scotland) Act 2007.
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The Police – based on various pieces of legislation including: Misuse of
Drugs Act 1971, Road Traffic Act 1988, Dangerous Dogs Act 1989 &
1991.
8.
Categories of Complaint
8.1
Complaints of antisocial behaviour, nuisance and neighbour disputes
can be wide ranging and each complaint received by the Association
will be followed up and investigated appropriately.
8.2
Complaints may be made by tenants, owner occupiers, residents or
people working in or visiting Association housing areas. Similarly
complaints can be made about the behaviour of the same variety of
individuals.
8.3
Complaints will be categorised and given the appropriate priority and
action in accordance to the seriousness and frequency of the behaviour
and the effect that it is having on individuals and the community.
8.4
The categories are as follows:
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Category A – Extreme Behaviour
Category B – Serious Antisocial Behaviour
Category C – Nuisance Cases
Category D – Other Breaches of Tenancy
Information on the types of cases which are likely to fall into these
Categories is provided to staff within the associated Procedure all
cases being investigated will be recorded on a centrally held
database
9.
Enforcement and Prevention
9.1
Legal Remedies
The Association has, or has access to, a number of legal powers and
remedies in the area of antisocial behaviour. These include Recovery
of Possession Actions, Anti-Social Behaviour Orders (ASBOs), Interdict
and Specific Implement, Management Transfer.
9.2
Non-Legal Remedies
The Association also has a number of non-legal measures which can
be adopted in the case of antisocial behaviour. These include:
Acceptable Behaviour Contracts (ABCs), Mediation & Support and
transfer to alternative accommodation.
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9.2
If it is decided that the legal action taken will result in a management
transfer, and the existing tenancy retains a Preserved Right to Buy, the
offender will be advised that the subsequent transfer would end their
Preserved Right to Buy.
10. Resources
10.1
Responding to, investigating, recording, pursuing and monitoring
relevant action in cases of neighbour nuisance, disputes and antisocial
behaviour is resource intensive in relation to both staff time and
financial costs.
10.2
Support for staff involved in antisocial Behaviour cases is important as
dealing with an involved antisocial behaviour case can be daunting and
time consuming. It is the Staff’s Line Managers responsibility to ensure
that support is provided. The Line Manager will ensure that staff are
provided with practical support and guidance as required and will seek
assistance from other appropriate members of Association staff and
external agencies as required.
11. Procedures and Training
11.1
Detailed procedures and guidance for staff on how to deal with reports
of neighbour nuisance, disputes and antisocial behaviour accompany
this policy. The procedure will provide reporting forms and templates
for associated paperwork.
11.2
Appropriate in-house or externally sourced training will be provided to
Association staff to broaden their knowledge of the preventative, early
intervention, diversion and enforcement measures to be adopted in
relation to dealing with neighbour nuisance, disputes and antisocial
behaviour.
12. Confidentiality and Supporting Complainants,
Victims and Staff
12.1
Reports made to the Association will be treated in confidence, dealt
with sympathetically and non judgementally. There may however be
occasions when the identity of the complainant requires to be divulged,
in which case the complainants agreement will be sought in advance.
12.2
If the complaint involves allegations of criminality the complainant will
be advised that the Association will pass the matter to the Police.
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12.3
The Association recognises that some individuals will be reluctant to
provide information, and to act as witnesses in court in serious
antisocial behaviour cases where the Association has no alternative but
to pursue legal action.
The Association will where possible and
appropriate use evidence from professional witnesses.
12.4
Court action will only be pursued once the Association has obtained
legal advice that the evidence available is likely to achieve a
satisfactory result.
12.5
When dealing with antisocial behaviour cases, support for
complainants and witnesses is paramount as successful potential legal
action requires good evidence.
12.6
The Association will liaise with, and promote the services of Victim
Support (an independent, volunteer led, charitable organisation
providing emotional support and practical information to victims,
witnesses and others affected by antisocial behaviour and crime) who
operate across the Association’s housing areas, to assist individuals
who are victims or witnesses of, antisocial behaviour and harassment.
Victim Support is
12.7
Antisocial behaviour can seriously impact on an individual’s health and
wellbeing. In certain Local Council areas the stress management and
home security services provided by the Local Authority, to victims and
complainants of antisocial behaviour, may be promoted and such
individuals will be referred to and encouraged to use these services.
13. Recording and Monitoring
13.1
The Association is aware of the importance of recording incidents of
antisocial behaviour and of keeping clear and concise notes of
incidents. Notes of interviews with individual complainers, witnesses
and action taken will be recorded, filed and produced as evidence if
legal action is necessary.
13.2 The Association will maintain an antisocial reporting database on which
incidents of antisocial behaviour will be recorded. Isle of Arran Homes
and Operations Sub Committees will be provided with regular reports
on antisocial behaviour complaints, actions taken and outcomes.
14. Health and Safety
14.1
The Association is committed to ensuring that the health and safety of
staff involved in dealing with neighbour nuisance, disputes and
antisocial behaviour is protected wherever possible.
Training and
guidance will be given to staff which will include awareness of and
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dealing with individuals, including those who may have mental health
issues.
14.2
Accompanied visits with other Association staff or Community Police
Officers will be encouraged in cases of more serious antisocial
behaviour or where mental health issues are suspected.
14.3
The Association’s Health and Safety Policy and its associated
procedures including risk assessment measures, and appropriate
Human Resources Policies accommodate the welfare, security and
safety of staff.
15. Formal Complaints
15.1
The Association recognises that in the delivery of its services to
customers there may be occasions when a customer may not be
satisfied with the way a particular issue was dealt with. If a customer is
unhappy with how their complaint or issue in relation to a neighbour
dispute, nuisance or anti-social behaviour has been dealt with they
should discuss this initially with their Service Manager, Housing &
Support (or Housing & Property Officer, Isle of Arran Homes).
15.2
If, following the appropriate investigation by the Service Manager
(Housing & Property Officer, Isle of Arran Homes) a customer is still
unhappy with the action that the Association has, or is taking, then their
complaint will be dealt with in accordance with the Associations
Complaints policy, copies of which are available from the Associations
offices listed at section 20.
16. Equal Opportunities
16.1
The Association aims to promote equality and diversity and operates an
equal opportunities policy which informs all aspects of its business. It
will ensure that it adheres to the Equality Act 2010 by being committed
to equal and fair treatment for all and opposed to any form of unlawful
discrimination.
16.2
As such, when dealing with complaints of Anti-Social Behaviour, the
Association will not treat any person(s) differently or less favourably
than others because of any of the following protected characteristics
listed in the Equality Act;
• disability;
• gender;
• gender reassignment;
• pregnancy and maternity;
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race, colour or nationality;
sexual orientation; or
religion or belief
or because of any other condition or characteristic which could place
someone at a disadvantage if it were to be taken into account, unless
this can be objectively justified in terms of the legislation.
16.3
The Association will make reasonable adjustments for disabled people
where necessary and possible to do so.
16.4
Upon request, the Association will make information on the Anti-Social
Behavior Policy available in alternative formats, such as large
print, tape, Braille and community languages, if required.
17. Confidentiality, Data Protection & Rights of
Access.
17.1
All information provided by complainants, witnesses or alleged
perpetrators during the course of a nuisance or antisocial behaviour
investigation will be treated in strict confidence and will only be
discussed with other parties with the individual’s (or their appointed
representatives’) prior consent.
17.2
The Association will comply with the Data Protection act 1988 when
holding personal information of any kind on its computer system.
17.3
The Association will adhere to The Access to Personal Files Act 1987
which gives individuals the right of access to personal information
about themselves held on file.
18. Availability of the Policy.
18.1
Copies of this policy and the accompanying procedure will be available
on request from any of the Associations office listed under contacts.
18.2
This policy and the accompanying procedure will be made available to
all employees and all Board members.
19. Policy Review
19.1
This policy will be reviewed every 3 years unless key changes are
required to comply with legislation, guidance or new learning.
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19.2
As part of this review consultation will take place with appropriate users
to ensure that operational issues and the opinions of others are taken
into account.
19.3
The effectiveness of accompanying procedures and guidance will be
monitored on a regular basis and, where applicable, amended as
required operationally; or to reflect legislative changes.
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20. Contacts
Trust Housing Association Ltd can be contacted at the following offices;
Head Office
Trust Housing Association Limited
12 New Mart Road
EDINBURGH
EH14 1RL
Email: [email protected]
Tel: 0131 444 1200
Fax: 0131 444 4949
West of Scotland Office
Trust Housing Association Limited
Pavilion 5
Watermark Business Park
345 Govan Road
GLASGOW
G51 2SE
Email and telephone number as above.
Isle of Arran Homes
Trust Housing Association Limited
Springbank
Brodick
ISLE OF ARRAN
KA27 8BE
Email: [email protected]
Tel: 01770 303700
Fax: 01770 303701
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