Anti-Social Behaviour Policy and Procedure
Introduction
This document provides a summary of Leeds Federated Housing
Association's Anti-social Behaviour Policy and Procedure. A copy of
both documents will be made available on request.
Policy Statement
Leeds Federated Housing Association holds as its principal aim, the
provision of good quality services in successful
neighbourhoods.
In pursuance of this aim, Leeds Federated Housing Association is
committed to the following objectives:-
• Creating safe neighbourhoods free from crime &
intimidation.
• Creating peaceful neighbourhoods and communities for people to
enjoy.
• Demonstrating commitment to tackling all forms of intimidation
& harassment.
• Offering support to vulnerable tenants.
Anti-social Behaviour is defined as:-
"Any conduct to which sections 153A (1) and 153B (2) of the 1996
Housing Act applies. These sections apply to:
'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 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'.
There are many forms of unacceptable conduct which may be
considered anti-social. This may include, but is not restricted
to:-
Noise nuisance, intimidation & harassment, fouling public
areas, aggressive or threatening language or behaviour. Actual
violence against persons or property. Hate behaviour targeted at
identified groups because of perceived differences. Using
accommodation to sell drugs or other unlawful purpose.
The term Anti-social Behaviour (ASB) can also include issues that
have a greater impact on the individual and the community at large
such as domestic violence and racial harassment. Such incidents can
seriously affect the lives of victims and their families and
therefore call for a speedy response.
Preventative, Enforcement and Support
Measures
The effect of ASB can only be successfully addressed if all parties
recognise their role and responsibilities. Tenants themselves have
a key part to play in preventing ASB. The Tenancy Agreement clearly
sets out the standard of behaviour Leeds Federated Housing
Association expects from tenants, those living with tenants and
their visitors.
Leeds Federated Housing Association recognises the value of working
in partnership with key agencies to address nuisance and ASB. To
this end we have signed up to a commitment to work in partnership
with key agencies under the umbrella of the Leeds Community Safety
Strategy. We similarly support the Harrogate Borough Council,
Community Safety Strategy.
In order to fulfil the objectives set out above, Leeds Federated
Housing Association has a number of remedies set in place to
prevent incidents of ASB, enforce the Tenancy Agreement when clear
breaches occur and initiate work to help rehabilitate perpetrators.
These include:-
Mediation
Verbal / Written warnings
Acceptable Behaviour Contracts (ABC's)
Anti-social Behaviour Orders (ASBO)
Injunctions
Demoted tenancy orders
Possession proceedings
These enforcement tools form part of a bigger strategy which also
includes links to youth diversionary activities, support for
victims & witnesses and other community based
initiatives.
Procedure for dealing with complaints of Anti-social
Behaviour
This is a summary of the procedure that our staff will follow when
we receive a complaint relating to ASB.
In brief, we will acknowledge the complaint within 24hours of
receipt and we will try and interview/visit the complainant within
5 working days (sooner if violence is threatened or the complaint
is of a racial nature). We will aim to interview the perpetrator
within 5 working days of seeing the complainant. We will assess the
case and agree an action plan with the complainant. Initial
Action
Complaints can be received from a wide variety of sources. Upon
receipt, the complaint will be logged on our ASB database and a
letter of acknowledgement sent to the complainant who will be
informed in this letter the name of the staff member dealing with
the matter.
Investigation
We will commence the investigation as soon as
possible and in any case we will aim to do this within 5 working
days. In the event of a complaint being deemed more serious, e.g.
racial harassment or threats of violence, the matter will be
prioritised and wherever possible we aim to interview the
complainant within 24 hours of the initial report.
Following the initial interview with the complainant, we will
complete an incident report and agree an action plan with the
complainant. These details will be confirmed in writing.
It is very likely that we will need to interview any alleged
perpetrator in order to ascertain their view of the problem. If
appropriate, we will contact their landlord and make a referral to
an appropriate agency, e.g. Police, ASB Unit, Environmental Health
Dept. etc.
Assessment of the Case
When all available evidence of the complaint has been collected
we will consider the facts and decide on an appropriate course of
action. Options include:-
Continue the investigation with a view to taking enforcement
action.
Monitor the situation to asses the degree of the problem.
Take no further action and with the agreement of the complainant
close the case.
We will continue to maintain the incident report until the matter
is resolved and we will ensure the complainant is advised of any
action that we will take throughout the time it takes to resolve
the matter.
The complainant, and as appropriate, the perpetrator, will be
notified of the decision as to the proposed course of action to be
taken. The progress of the case will also be reviewed on a regular
basis by the investigating staff members.
Should legal action prove necessary, where appropriate, we will aim
to notify the alleged perpetrator of the proposed action and
instruct our solicitor to prepare court papers.
Closure of a Case
At the conclusion of any investigation all parties will be advised
of the outcome in writing.
Information Sharing Protocols &
Confidentiality
Our procedures to deal with ASB and as a result of partnership
working to resolve the matter, will generate a large amount of
personal information being held on both I.T. systems and within
paper files. This will include sensitive information as well as
information from outside agencies. All information received will be
kept secure and only authorised officers will have access to it.
This data will be used responsibly and only for the purpose for
which it was disclosed. The information will be used appropriately
in accordance with Data Protection legislation.
Racially Motivated Incidents can seriously affect the lives of
individuals and families whenever they occur. Leeds Federated
Housing Association is therefore committed to the provision of a
secure environment for all residents and will work to address
racial or homophobic harassment wherever it occurs.
In order to provide assistance and support to tenants who may be
experiencing harassment of a racial or homophobic nature, a number
of staff within the Leeds Federated Housing Association
organisation have been trained as part of a multi agency initiative
to take reports of Hate Incidents, (incidents which in the view of
the complainant or any other person, have been motivated as a
result of the victim's race or sexuality). This is of particular
advantage to those members of the community who, for whatever
reason, are reluctant to make such a report to the police direct.
Where appropriate, we will endeavour to deal with such reports in a
confidential manner and in accordance with the complainant's
wishes.
Leeds Federated Housing Association strongly encourages any tenant
who believes themselves or others to be a victim of such behaviour,
to report the matter in order that it can be fully and effectively
investigated. This policy seeks to reinforce the attitude of Leeds
Federated Housing Association towards such conduct, by highlighting
that such behaviour will not be tolerated. We seek to encourage all
to challenge and address such inappropriate behaviour wherever it
is found.
Useful Contact Numbers
Leeds Federated Housing Association 0113 386 1000
Police (Non urgent) 0845 6060606
Crimewatch /Dob in a dealer 0800 555 111
Leeds City Council ASB Unit 0113 3984701
Wakefield Neighbourh'd Action Team 0845 8506506
Mediation - Leeds (L.M.S) 0113 2424110
- Harrogate (ARCH) 01423868782
Noise Nuisance (out of hours) 0113 2407361