ANTI-SOCIAL BEHAVIOUR STRATEGY
2010 -2014
Contents
1. 1.
2. 2.
3. 3.
4. 4.
5. 5.
6. 6.
7. 7.
8. 8.
9. 9.
10.
11.
12.
13.
14.
15.
Mission Statement/Policy Statement
Introduction
Objectives
Action Plan
Definition of Anti Social Behaviour
Principles
Policy
Dealing with complaints
Strategic Proposals
10. Preventing Anti Social Behaviour
11. Readmission of households to the waiting list
12. Rights of Tenants
13. Responsibilities of Tenants
14. Health and Safety of Staff
15. Appendix (Legislative background)
Mission Statement
The Anti Social Behaviour section’s mission statement is:
“to create and sustain a safe and peaceful living environment for the
tenants of South Dublin County Council by actively tackling anti-social
behaviour through prevention, enforcement, support and
rehabilitation”.
Policy Statement
South Dublin County Council recognises that anti social behaviour can
have a very significant adverse effect on the quality of life of its
tenants and on their communities. It also recognizes that the majority
of householders are law abiding and that a very small number engage
in unacceptable behaviour.
The Council realizes that it has a duty of care to all its tenants to
promote the peaceful occupation and enjoyment of their dwellings. It
is therefore the policy that anti social behaviour will not be tolerated
and the Council undertakes to work in partnership with its tenants and
various other stakeholders to take proactive steps to prevent and
eliminate such behaviour.
This policy will be implemented through the operation of the new
strategy, the Council’s Scheme of Letting Priorities, the Homeless
Action Plan and the Traveller Accommodation Programme.
Introduction
The Housing (Miscellaneous Provisions) Act 2009 has commenced and
it now requires each Housing Authority to draw up and adopt An Anti
Social Behaviour Strategy in respect of





Dwellings let by the Housing Authority to tenants under the
Housing Acts 1966 to 2009
Dwellings in which relevant purchasers reside
Sites for the Accommodation of Travellers
Dwellings covered by the Rental Accommodation Scheme
Dwellings which are the subject of long term leasing by the
Council
The significant anti-social behaviour provisions in the 2009 Act came
into operation on 1st December 2009, as provided for in the Housing
(Miscellaneous Provisions) Act 2009 (Commencement) Order, 2009
(S.I. No. 449 of 2009) primarily:


Section 35 of the Act, requires the elected members of each
housing authority to draw up and adopt an anti-social behaviour
strategy within one year of the commencement of the section,
that is to say, by 30 November 2010. The strategy must set
out measures to promote good estate management and cooperation with other bodies, such as the Gardaí, that have a role
to play in combating anti-social behaviour
Items 1(a) and 5 of Part 5 of Schedule 2, amending the Housing
(Miscellaneous Provisions) Act 1997, to extend the definition of
"anti-social behaviour" to cover graffiti and damage to property,
and to apply existing anti-social behaviour provisions, including
the power to exchange information about housing applicants or
beneficiaries engaged in anti-social behaviour, to a broader
range of social accommodation, including accommodation
provided through rental arrangements.
South Dublin County Council is committed to the prevention and
elimination of anti social behaviour in its estates. The Council is
acutely aware of the detrimental effects which this type of behaviour
can have on the lives of both tenants and homeowners and the
communities of which they live.
Since 1998 the Council has maintained a number of Anti social
behaviour response teams.
The Council, as a public Housing Authority, has a responsibility to all of
its tenants, whether they are victims or perpetrators of anti social
behaviour. The Council must attempt to strike a balance between the
rights of the victim (to live without having to endure the anti social
behaviour of others on the one hand), with the rights of the
perpetrator to a fair hearing, to the opportunity to redeem themselves
through changing their behaviour and most significantly to their right
to public housing, on the other.
The Council is also committed to supporting tenants and members of
their families who lapse in their behaviour as citizens. A system of
escalating actions will be utilized as part of an enforcement regime
geared towards eradicating unacceptable behaviour or alternatively to
removing errant tenants or subtenants from our communities. It
should be noted however that while the Council is usually prepared to
give such persons every chance to mend their ways, cases will arise
where the Council will seek to remove tenants in the interest of
protecting other members of the community.
Following an extensive consultation process a formal anti social
behaviour policy was adopted in February 2005. The spirit of that
policy was aimed at achieving a balance between the conflicting rights
referred to above through the implementation of programmes and
projects that where designed with the principles of Prevention,
Enforcement, Support and Rehabilitation as a guide. Since then a dual
approach has been developed in dealing with individual cases
consisting of


A more clearly defined enforcement / legal process that is
designed to enable efficient and effective responses by the
Council in cases where enforcement is the only option and
A well developed and focused Welfare / Support Services where
perpetrators are offered the opportunity to work with the Council
and other agencies to vindicate their own rights through the use
of Acceptable Behavioural Agreements, Family support services
and welfare action plans.
Where co-operation is obtained through these welfare arrangements
an anti social tenant can avoid legal action and ultimately eviction but
where co-operation is not forthcoming the Council priortises the rights
of the victim by seeking the eviction of the problem tenant.
One of the priorities of the Council’s Estate Management function is the
creation of strong, settled communities within the Local Authority
Estates throughout the County. We endeavour to ensure that
functioning communities can develop through the creation of asense
that tenants will not have to endure the type of behaviour that is
destructive of a properly functioning society.
There remains a constant reluctance on the Council’s part to transfer
either victim or perpetrator of anti social behaviour in case others may
be subjected to the unacceptable behaviour and resulting in houses
being vacated around the anti social family and allowing “sink estates”
to develop.
3 Objectives
The principle objectives of the Anti Social Strategy are the following:

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The prevention and reduction of anti social behaviour.
The co-ordination of services to deal with anti social behaviour.
The continuation of a multi agency approach to dealing with anti
social behaviour.
The promotion of good Estate Management.
The maintenance of the anti social database and the
measurement of performance indicators to measure the
effectiveness of the response systems.
4 Action Plan:
The objectives outlined above will be achieved by implementing the
following action plan.
v The Anti Social Response Unit
This unit will continue to be deployed and will be supported by
administrative staff and the Council’s Law Department. These staff will
investigate complaints and will receive ongoing training to ensure that
best practice is followed at all times.
v
Traveller Accommodation Unit
The Council will retain the services of a dedicated unit to deal with the
Management and control of halting sites and to deal with anti social
issues that may arise. This unit will build meaningful relationships
with the traveling community and will mediate disputes where
possible.
v
Response times.
Every complaint of anti social behaviour received by the Council will be
investigated within one week.
v
Relationship building
Established links with agencies such as the Gardai, the Health Service
Executive, the Probation service, the Childhood Development
Initiative, the Traveller support groups, Drug addiction support
services, Youth Services, Homeless Agencies, Community Groups,
Schools etc. will be developed and nutured for the benefit of the
Community.
v
Housing Welfare Service
The Council will retain this service so as to sustain as many tenancies
as possible and to provide advocacy for tenants who require such
support. The Housing Welfare Service will link in with other social
services and will represent the Council at case conferences for mutli
agency intervention is required.
In implementing the strategy the Council will seek also to be
consistent in its operation with the Homeless Action Plan for the South
Dublin area and the National Homeless Strategy.
v
Homelessness
In 2007, the board of the Homeless Agency Partnership adopted a
statement of direction for emergency and transitional housing and
support services called PATHWAYS TO HOME. This document identified
the need to put in place a model of housing and related care services
that support and maintain successful tenancies.
Each of the Dublin Local Authorities is now responsible for dealing with
homelessness in its own administrative area. Changes to the way in
which homeless services are configured will ensure that households
achieve a seamless and timely exit from homelessness but in the first
instance the Council will explore all avenues including intensive
tenancy sustainment efforts to ensure that homelessness occurs in the
absolute minimum number of instances.
The new regime requires the Local Authority to be cognizant of its
responsibilities to all homeless persons including those who have been
evicted for anti social behaviour or for non payment of rent.
v
Community Services Department
We will draw on the resources of the Community department to
promote Community development as a counter to conditions where
anti social behaviour can flourish. Responses to anti social behaviour
will be addressed in the context of community safety at all times. Use
of Council facilities and participation in pro-social initiatives will be
promoted.
Information about all the community facilities which are available in
the South Dublin Area maybe obtained by accessing the following link.
www.southdublin.ie
v
Garda liaison
- Garda Policing Plans
It is proposed to furnish the Gardaí with information regarding trends
in Anti Social Behaviour to assist them in the preparation of their
Annual Policing Plans.
- Garda Checks
The Council will continue to utilize the extensive powers granted to it
under Section 15 of the Housing (Miscellanous Provisions) Act 1997
whereby information may be obtained from the Gardai and other
agencies about the suitability of housing applicants, applicants for
transfers to alternative accommodation, applicants for inclusion on the
rent accounts of existing tenants and applicants seeking to purchase
local authority dwellings.
- Excluding orders
A mechanism will be put in place to ensure that the Gardaí are notified
of the granting of excluding orders against occupants of Council
dwellings through the various Garda District Offices.
- Garda Diversion Programme
The Council recognises such initiatives as the Garda Diversion
Programme and the system of Restorative Justice as a means of
redressing the detrimental effects of anti social behaviour on
communities.
- Minors
The Strategy recognizes the particular difficulties which arise regarding
anti social behaviour by minors and especially those surrounding the
fact that children under 12 years can no longer be held criminally liable
for their actions. The Council will therefore use its influence with the
Health Services Executive to bring pressure to bear on parents whose
children are identified as responsible for Anti Social Behaviour
activities. Where possible both troublesome children and their parents
will be interviewed together so that the threat of sanctions will be
clearly understood by both parties.
-
Weekly Housing Clinics
The Council will continue to actively participate in the weekly housing
clinics and which are also attended by the Community Gardai. The
operation of the clinics will be advertised at every available
opportunity so that as many members of the general public as possible
may avail of this confidential means of bringing information to the
attention of the Council and the Gardai.
v
Estate Management
The Council will use all sources of local knowledge to inform of its
Estate Management activities so that persons are housed and
transferred to appropriate properties in the interest of good estate
management.
v
Social Inclusion and Pro-social Initiatives
The Housing Department will work closely with its staff and with other
agencies whose task it is to promote Social Inclusion throughout the
County with the aim of countering all types of racist abuse and to
foster social integration between the many nationalities who are now
resident in South Dublin.
The Council’s is committed to the continued provision of pro social
measures to prevent and ameliorate the effects of Anti Social
Behaviour in the various communities that comprise South Dublin
County. The various clinics held around the County which are
facilitated jointly by Council staff and Gardaí, the specially dedicated
allocations support staff, the Council’s Welfare Service, the community
safety fora and the various services provided at Community Centres
around the County all contribute in this regard. Major investments
have been made by the Council and other state agencies in supporting
communities affected by various forms of deprivation through many
schemes including the RAPID Programme.
The Council’s Community Department have facilitated such activities
as
The Late Night League Programme:
A programme funded and facilitated by South Dublin County Council in
association with the FAI and the Gardai. The programme targets
Youth involved in or at risk of becoming involved in anti social
behaviour.
European Week against Racism
Integration is one of the most important challenges faced by South
Dublin County Council over the next few years.One of the main
objectives of the Council will be to facilitate initiatives to promote
integration in the county and it is one of the reasons why we organised
the soccer blitz. The soccer blitz was about having fun whilst being
conscious of the need to promote cultural integration and social
inclusion through sport. It was about participation together! As part of
the programme a 90 minute anti racism work shop was delivered to all
schools involved. The aim of the workshop was to highlight issues
around the area of racism in sport and to raise awareness on this
important issue. The workshop was delivered prior to the tournament
by the Football in the Community Development Officer.
Golf Programme
The programme is done in partnership with the Social Inclusion Unit.
The aim of the Golf Programme is “to promote integration of young
children through the sport of golf by providing learning facilities and
educational programs that promote personal skills development". The
programme is funded by the Office of the Minister for Integration.
Fettercairn Youth Horse Project – Equestrian Integration
Programme in partnership with Social Inclusion Unit.
The objectives of the Integration Programme are:
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
v
To facilitate the integration of Irish children with children from
the New Communities through equine related activities
To use equine related activities asa source of creativity,
innovation, behavioural development and self expression
To promote the participation of New Communities and Irish
Communities in a programme they would not otherwise have the
opportunity to avail of due to the cost element
To promote positive integration and inclusion in such a way as to
eliminate social exclusion and discrimination
Tallaght West Childhood Development Initiative
The Council’s Estate Management Section are already working with
TWCDI on two programs namely
·
The Community Safety Initiative and
·
The Safe and Secure Initiative at MacUilliam Estate in West
Tallaght
v
South Dublin County Childrens Services Committee
Multi agency committee working towards services to children and
using sub structures to achieve better and more efficient engagement
and outcomes. The aim is to foster a commitment to integrated
service design and provision by all organisations working with children
and families in the South Dublin County.
Work is also started on the development of a toolkit which allows an
organisation to measure and evaluate its actions around Community
involvement. The initiative is designed to facilitate public sector
organisations to engage to a far greater extent with local communities,
service users and families in shaping and monitoring of services.
Local Policing Fora
Three local Policing Fora have been set up by the South Dublin Joint
Policing Committee. The fora will facilitate public meetings to discuss
relevant issues from the respective areas they cover. These meetings
are held regularly in Tallaght and Clondalkin and bring together the
various parties charged with responsibility for public order matters.
The Council is committed to active participation in the fora as a means
of furthering safer communities.
The Council is also represented on and actively involved in Community
Safety Fora and these will be developed and expanded, where
possible, to encourage mechanisms whereby confidentiality /
anonymity might be provided to residents bringing forward information
about Estate Management issues.
v
Dublin Bus Forum
The Council will continue its active participation in this forum with the
ultimate aim of ensuring that no disruptions occur to this vital public
transport service. Preventative measures will be taken as necessary to
prevent such activities. The Council will also participate in a similar
type structure if such is formed to ensure continuity of the LUAS
service.
5
Definition of Anti-Social Behaviour
Housing (Miscellaneous Provisions) Act 1997 (as amended by
S.197 Residential Tenancies Act 2004)
Section 1 of this Act defines Anti-social behaviour as either or both of
the following: (as amended by the Housing Miscellanous Provisions Act
2009)
(a)
the manufacture, production, preparation, importation,
exportation,
sale, supply, possession for the purposes of sale or supply, or
distribution of a controlled drug (within the meaning of the Misuse of
Drugs Acts, 1977 and 1984),
(b)
any behaviour which causes or is likely to cause any
significant or persistent danger, injury, damage, alarm, loss or fear to
any person living, working or otherwise lawfully in or in the vicinity of
a house provided by a housing authority under the Housing Acts 1966
to 2002 or Part V of the Planning and Development Act 2000, or a
housing estate in which the house is situate and without prejudice to
the foregoing includes
(i)
violence, threats, intimidation, coercion,
harassment or serious obstruction of any person.
(ii)
Behaviour which causes any significant or
persistent impairment of a person’s use or enjoyment of his or her
home, or
(iii)
Damage to or defacement by writing or other
marks of any property, including a person’s home.
For the purposes of defining and monitoring different types of antisocial behaviour, South Dublin County Council will use the following
categories;
Category A - The manufacture, production, preparation, importation,
exportation, sale, supply, possession for the purposes of sale or
supply, or distribution of a controlled drug (within the meaning of the
Misuse of Drugs Acts, 1977 and 1984)
Category B - Any behaviour which causes or is likely to cause any
significant or persistent danger, injury, damage, loss or fear to any
person living, working or otherwise lawfully in or in the vicinity of a
house provided by a housing authority under the Housing Acts 1966 to
2002, or a housing estate in which the house is situate and without
prejudice to the foregoing includes violence, threats, intimidation,
coercion, harassment or serious obstruction of any person.
Category C – breaches of those terms within the tenancy agreement
that do not fall within Category A and B above
Within each of these three categories, priority will be allocated on the
basis of seriousness and impact of the particular incidents. The
following are indicative but not exhaustive of the types of behaviour
under each Category;
Category A
·
Drug activity as per legal definition
Category B
·
Non drug related criminal activity
·
Joyriding
·
Violence/Harassment/Intimidation
·
Racism
·
Vandalism
·
Selling Alcohol
Category C
·
Squatters/illegal Occupiers
·
Noise/Disturbance
·
Children Nuisance
·
Pet/Animal Nuisance
·
Physical Condition of Property
·
Graffiti
·
Property damage
While particular incidents can fall within both anti-social and criminal
classifications it is important to state that the Local Authority’s role is to
pursue incidents through anti-social mechanisms and the Garda Siochana‘s
role to pursue incidents through criminal justice mechanisms.
6
Principles
There is a number of principles that South Dublin County Council will
abide by in the implementation of this policy. These are;
·
All cases will be dealt with in accordance with fair procedures
·
Confidentiality is ensured for both the accused and complainant
·
The Council will work in partnership with all relevant
stakeholders particularly where the relevant response extends beyond
the remit of the Councils authority
·
The Council will take a holistic approach to the issue
·
The Council will act within the framework set out in legislation
7
Policy
Recognising that anti-social behaviour is a multi-faceted and complex
issue, South Dublin County Council will adopt a four-strand approach
to tackling such behaviour.
1.
Prevention
The council recognises that it has a significant role to play in dealing
with the sources of anti social behaviour. The council aims to take a
proactive approach in developing strategies that tackle these sources.
This approach will be coupled with co-ordination, partnership and multi
agency approaches that facilitate access to necessary services that will
deal with the problem. In addition, the council further aims to promote
the role of positive community development and activity in achieving
these objectives.
It is the policy of South Dublin County Council to;
·
encourage greater tenant participation in estates in order to
build positive community spirit
·
develop linkages and integrated approaches both within the local
authority and with other agencies to create a more cohesive, coherent
and effective approach to Estate Management
·
work in partnership with other agencies and associations in the
pursuit of community development strategies, education initiatives and
projects aimed at minimising anti-social behaviour and developing the
communities resident in local authority estates
·
work in tandem with agencies and organisations to encourage
and promote youth development within the area
·
publicise and disseminate information on the anti-social policy as
widely as possible in order to create greater awareness of options
available
·
take a pro-active approach in raising awareness generally of the
problem of anti-social behaviour and its effects on communities and
individuals
·
to develop mechanisms for the measurement of anti-social
safety in, and its impact on neighbourhoods and to continually monitor
progress in dealing with negative behaviour.
2.
Enforcement
While dealing with the root causes of anti social behaviour, the council
also recognises the need to deal effectively with incidents of anti social
behaviour where they occur. The Council recognises that this is critical
to the development and sustaining of trust and relationship building
with individual tenants and the wider community, a key factor in the
effective implementation of this policy. In addition, the Council must
be seen to be willing to enforce so that it will be taken seriously on the
issue of enforcement.
It is the policy of South Dublin County Council to;
·
enforce legislation as required
·
inform tenants of their rights and responsibilities in regard to
incidents of anti-social behaviour
·
develop linkages and integration both within the local authority
and with other agencies to create a more cohesive, coherent and
effective approach to enforcement of all local authority responsibilities
(for example dumping, rent arrears, dog licences, pollution etc.)
·
adopt a multi-agency approach ensuring closer relations with the
Garda Siochana, other agencies and sharing information in dealing
with anti-social behaviour cases.
·
make decisions on individual cases on the basis of thorough and
fully informed investigations.
·
establish and publicise clear timescales and procedures in
relation to the enforcement process.
·
provide regular progress reports on the enforcement function to
the Elected Members and community.
3. Support
Recognising the need to provide adequate support to both accused and
complainant, the Council aims to work in partnership with service
providers to facilitate access to essential services that may be required
during the development of different strategies but particularly during
the enforcement process.
It is the policy of South Dublin County Council to;
·
protect the rights of both the accused and complainant at all
times
·
provide feedback on progress of individual cases to the parties
directly involved
·
provide information to the parties directly involved on options
and services that can be availed of, such as mediation, counselling
services etc. recognising that if the offered support is not actively
engaged with, the enforcement option will be pursued.
·
further develop links with relevant agencies to facilitate access
to such social supports as may be necessary
4. Rehabilitation
The council recognises that anti social behaviour can cause significant
damage within communities and aims to prioritise that rehabilitation of
such damage. In addition, the council recognises that perpetrators of
anti-social behaviour have needs in relation to rehabilitation and
reintegration with their communities in order that they can avail of
opportunities to reform and progress their lives.
It is the policy of South Dublin County Council to;
·
work with relevant agencies to achieve the successful
rehabilitation and reintegration of perpetrators where appropriate
·
work in partnership with communities who have been negatively
affected by serious anti-social behaviour in order to rebuild community
spirit
8
Dealing with complaints
All complaints relating to anti-social activity and breaches of Tenancy
Agreements will be dealt with in a confidential manner. The Council
will investigate every complaint in a fair, impartial and objective way.
The Councils authority to deal with anti-social behaviour is principally
derived from the following Acts;
·
Housing Act 1966 (as amended)
·
Housing (Miscellaneous Provisions) Act 1997
·
The Residential Tenancies Act 2004
·
Housing Miscellaneous Provisions Act 2009
In summary the powers available to the Council are as follows;
·
Excluding Order – where a tenant wishes to have another
occupier who is engaged in anti-social behaviour excluded from the
dwelling. The Local Authority may also make the application.
·
Refusal or deferral of housing applicants for accommodation on
the grounds of good estate management and in accordance with the
Councils Scheme of Letting Priorities.
·
Refusal to sell a dwelling under the Tenant Purchase Scheme on
grounds of good estate management
·
Removal by the Garda Siochana of persons engaged in antisocial behaviour that are in occupation of dwellings in the absence of a
tenant
·
Notice to Quit - Eviction of whole household
In dealing with any individual case, the Council will use the appropriate
power and will devise a system of warning letters to be used as
appropriate.
All Tenants and occupiers of a council rented dwelling involved in drug
related activities will be interviewed and appropriate action taken. In
cases of drug convictions, the Council will issue a Notice to Quit
without issuing any warning letters.
In dealing with complaints, the Council will;


respond to all complaints within 5 working days (serious cases
prioritised)
initiate an investigation into all complaints within 10 working
days
Staff
The County Council will do all in its power and remit to ensure that
matters can be dealt with in as efficient and effective a manner as
possible.
South Dublin County Council will not tolerate any assaults, threats,
intimidation, obstruction, harassment or interference with its
employees who are involved in the implementation of this policy.
South Dublin County Council will at all times prioritise the safety of
staff and will pursue any incidents of threats, intimidation or violence
to the full extent of relevant legislation.
Council staff will continue to receive extensive training in all matters
that will aid them in the conduct of their duties.
Customer Service
The approach to customer service will be consistent with the approach
set out in the Corporate Plan and Customer Action Plan.
Implementation
This policy will be implemented through the development of an action
plan for the Estate Management Section.
Procedures will be reviewed and clearly set out in order that the
objectives of this policy are achieved through the day-to-day
processes and practices of the staff.
Monitoring
A system of performance measures will be developed that will give a
clear indication of progress on implementation.
Performance indicators will be used to report on levels of activity and
relative success of the policy.
Regular reports will be submitted for the consideration of Elected
Members.
A quality control system will be devised and introduced to ensure the
investigation process is objective and conducted in a fair manner.
9
STRATEGIC PROPOSALS
1. Interagency Approach

The Council’s Anti Social Behaviour Strategy will be developed in
cooperation with any other agency which could play a role in
preventing, investigating and combating these problems,
including the Gardaí the HSE and the local Traveller
Accommodation Consultative Committee, resident associations
and family support services.

Written protocols will be devised for the sharing of information
on Anti Social Behaviour with these and other relevant statutory
agents and the referral of cases to these agencies when
appropriate.

Named contacts in these agencies who are responsible for
providing information to the council will be identified.

Information will be sought and provided in writing and
appropriate records will be kept of all information exchanged.

The bona fides of any person seeking information will be
established.

Where information is in the nature of opinion received from other
sources it will not be passed on to other agencies but the agency
in question will be referred to the original source of the opinion.

Information of this type about tenants and applicants for housing
will be circulated to the minimum possible number of persons in
the Council

Information obtained under the Housing Acts will be used for
Local Authority functions only under the housing acts.

Multi – agency fora established for the exchange of information
and for the coordination of responses to problems in individual
estates will be maintained and this means of tackling anti social
difficulties will be extended to further suitable estates.
2.
COMMUNICATION

3.
The Council’s policy on preventing and combating anti-social
behaviour will be effectively communicated to tenants, staff and
public representatives
GOOD PRACTICE

All staff assigned to the Estate Management function will be
based in the Housing Department and more specifically in head
office.

Systems already in place will be refined to ensure effective
coordination between the housing department and other relevant
departments of the County Council especially those involving
legal and community work.

The potential for preventing and combating Anti Social Behaviour
through the design of new accommodation units, the re-design
of the existing stock, the planning of maintenance and large
scale refurbishment will be key considerations in decisions
relating to capital expenditure.

The dedicated budget from revenue sources for the prevention
and combating anti social behaviour will be maintained or
expanded as resources permit.

The council’s statutory powers via the scheme of letting priorities
and the tenancy agreement will be utilized to the greatest extent
possible in preventing and dealing with anti social behaviour.

Every opportunity to upskill staff will be availed of particularly
those which develop interpersonal skills necessary for the
effective interviewing of complainants and alleged perpetrators
and liaison with outside agencies involved in this area of work.

4.
Dedicated staff will continue to be assigned to this area of work
including housing welfare and social work staff with appropriate
qualifications
COMPLAINT MANAGEMENT

The complaint reporting procedures already in place will be fine
tuned to ensure that they are simple, easy to use and accessible
to tenants and/or others wishing to bring matters of concern to
the council’s attention.

Complaints will be accepted at head office and at the regional
office in Clondalkin.

Complaints will be accepted by post and over the telephone.

Complaints will be accepted at the following clinics:
List of Anti Social Clinics
Clinic Name
Address of
Clinic
Mary Mercer
Mary Mercer,
Jobstown
Days Held
Time of
Clinic
Every Thursday 11am12noon
Glenshane/Rosfield 12 Brookfield
Every Friday
Court
Killinarden
Killinarden
11am 12.noon
Every Friday
11am –
12noon
Community
Centre
Fettercairn
Fettercairn
Every
10.45am-
Community
Wednesday
11.45am
Every Tuesday
11.30am –
Centre
Ronanstown
Ronanstown
Youth Centre
Clondalkin
Clondalkin Civic
1.00pm
Every Thursday 10am-
Offices
Whitechurch
11am
Whitechurch
First Thursday
11am -
Community
of every month
12noon
30 Mac Uilliam
Every second
2.30pm –
Crescent
Wednesday
4pm
Centre
Mac Uilliam

Complaints will be accepted at freephone 1800 200 245,
Customer Care system, main telephone number 01 414 9000
and all clinics detailed above.

Complaints will be accepted by any member of the Estate
Management team as they carry out their duties in the
community.

All complaints will be treated in the strictest confidence and the
source of information received will not be divulged on foot of
Freedom Of Information Act requests.

Anonymous complaints will be accepted but complainants will be
encouraged to supply their contact details on the assurance of
the confidentiality of the system. However the Council will take
into account rules of fair procedure when investigating such
anonymous complaints and enforcement action will only be
taken against alleged perpetrators if corroborating evidence is
available.

Comprehensive statistical analysis of complaints and actions
taken thereon will be conducted on a quarterly basis and
conveyed in a structured report format to the area committees
of the Council so that, inter alia, information may be gleamed as
to the effectiveness of the resources being channeled into
combating anti social behaviour in the community.

Statistical records will also be used as the basis for recording
local performance indicators and efforts will continue to have
these upgraded to national indicator status.

Standarised forms for recording all complaints of anti social
behaviour will be used in the management of the service.

Incident report forms, witness and impact forms will be made
available to any tenant or occupier of a council dwelling who
wishes to record ongoing incidents of anti social behaviour for
the purpose of establishing the impact such behaviour is having
on their quality of life.
Recording and Monitoring
The Council will utilise a computerised system for storing and
analysing
all records of complaints regarding anti-social behaviour and of
measures taken to combat these activities. This system will be capable
of the following:

Differentiating between the complainant and alleged perpetrators
of antisocial behaviour.

Differentiating between individuals and households.

Differentiating between current and former tenants.

Differentiating anti-social incidents (for instance one fracas
which generated a number of complaints) and cases (a number
of incidents and complaints associated with a particular
individual or household).

Categorising the type of behaviour involved.

Recording details of investigations of, and action taken to
combat, anti-social behaviour.

Identifying the current status of each anti-social case.

Producing a complete history of the complaints regarding antisocial behaviour made by and against individuals and
households.

Producing regular reports on anti-social complaints and incidents
for the purposes of monitoring by the local authority.
In addition, the following records will be kept of investigations and
action taken to combat anti-social behaviour:

Transcripts of complaints regarding anti-social behaviour.

Minutes of all case conferences held regarding anti-social
behaviour, both internally within the local authority and with
external agencies.

Copies of all written correspondence with alleged perpetrators of
anti-social behaviour, including letters sent and written
agreements negotiated with them concerning their activities and
legal notices.

Minutes of all interviews with alleged perpetrators of anti-social
behaviour and with witnesses to these activities, together with
attendance records at these interviews.

Details of any additional evidence gathered such as incident
diaries or incident report sheets kept by witnesses to the alleged
behaviour and information supplied by the Gardaí or other
relevant agencies.
Data Protection
In order to give effect to recent recommendations from the Data
Protection Commissioner the Council proposes to introduce a protocol
whereby details of incidents at Category C will be destroyed after 2
years – if there is no further activity recorded.
For Category A and Category B incidents the Council will destroy
documentation after 5 years of no further activity.
With regard to information recorded in relation to minors, records will
be destroyed after 6 months of no further activity.
10
PREVENTING AND COMBATING ANTI-SOCIAL BEHAVIOUR
In order to inform the selection of actions and targets to prevent antisocial behaviour, the Council will collate and review the following
trends in anti-social incidents and cases on an annual basis:

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
Geographical trends in incidents and cases –
The concentration of anti social behaviour in specific areas or
estates
Seasonal trends in incidents and cases e.g whether activity is
more common at specific times of the year
Whether specific genders or age groups are more commonly
involved in unacceptable behaviour


Whether any social problems or family characteristics are
common among alleged perpetrators
Whether there are characteristics that are common to individuals
who make complaints and those who are victims of these
activities
Two aspects of the design of accommodation and of estates are
particularly useful in the prevention of anti-social behaviour. These
are: natural surveillance and defensible space. The latter concept
refers to space over which residents feel a sense of ownership and
consequently take responsibility for ensuring that it is well maintained
and safe. Private space such as the interior of a dwelling and semiprivate space such as a walled-in garden is relatively more
‘defensible’; semi-public space such as the grounds of an apartment
complex is less easily defensible while public space such as an open
roadway is the least defensible of all. Therefore maximising the
amount of private and semi-private space in estates will help to
prevent anti-social behaviour.
Maximising the potential for natural surveillance over the semi-public
and public areas of estates can also thwart these activities. For
instance, ensuring that car-parking spaces are over-looked by
apartments will deter car crime, while closing up alleyways at the rear
of houses will increase the likelihood that everyone who enters will be
observed
by neighbours. Staff of the anti-social behaviour service, estate-based
housing officers, tenants groups and local Gardaí have often built up
considerable knowledge of the role that design plays in facilitating
these activities. Therefore they should be consulted regarding
proposals for the construction of new, or the refurbishment of existing
accommodation.
The Council will ensure that the design of housing and accommodation
units helps to prevent anti-social behaviour by maximising the amount
of defensible space and the potential for natural surveillance. The
exact design features selected to achieve this will depend on local
factors such as: the exact nature of the accommodation in question;
the physical constraints of the site in question; whether it is a new
build or a refurbishment project; the results of strategic monitoring of
trends in anti-social incidents and cases and consultation with tenants,
staff and representatives of other relevant agencies such as the
Gardaí.
DESIGN OF DWELLINGS
The Council will provide a range of sizes of dwellings to ensure that the
estate includes a variety of household types

Ensure that entrance points to dwellings are adequately lit.

Where possible provide all dwellings including flats and
maisonettes with individual access from outside.

Where common entrances are necessary ensure that as few
households as possible share each entrance.

Where four or more dwellings share a common entrance, control
access by lock and key, swipe-card or key code access systems
or by other appropriate methods.

Locate service meters within the private gardens of houses and
in the shared common areas of apartments so that they can be
subject to surveillance and read without entering the dwelling.

Avoid blind gables next to public areas and gables not open to
surveillance.

Ensure that external features do not facilitate access to upper
floor entry points; for instance drainpipes should not be sited
adjacent to windows.

Fix external doors and window frames securely to the dwelling.

Ensure that external doors are of robust construction and are
designed to reduce risk of break-in, for instance with minimum
use of glass panels and fitted with adequate locks and bolts, a
door chain and a door viewer.

Ensure that letter boxes and door locks are a minimum of
400mm apart so that locks cannot be reached by hand or wire.

Ensure that entrance points to dwellings are overlooked by other
dwellings or by well trafficked areas.

Clearly define front and rear gardens.

Ensure that back gardens back onto other gardens or secure
public areas and not onto roadways or other public areas

Avoid separate access to the rear of dwellings as far as possible.

If separate rear access is essential, ensure that access to a
number of dwellings is not linked to provide through routes.

Fit access ways to rear gardens with a full-height gate or door,
lockable from inside.

Close off existing back lanes which serve no useful function and
incorporate the space into adjoining gardens.

Where possible ensure that car parking spaces are overlooked by
dwellings or provide off-street, in-curtilage car parking.

Provide a clearly defined, convenient, properly lit and safe
circulation network for pedestrians and cyclists. Where possible
this should be overlooked by other dwellings or run beside roads.

Where this is not possible include short, direct footpaths with
intervisible ends.

Ensure that all public and semi-public areas are overlooked by
dwellings.

Ensure that each element of public space has a clearly defined
function and demarcation relative to other public and private
spaces.

Ensure that materials used in public areas and in the boundaries
between public and private areas are sufficiently robust to
discourage vandalism.

Minimise the number of access routes to the estate.

Pay particular attention to security where an estate adjoins open
spaces or areas that are difficult to secure such as industrial
estates or railway lines.

Strategic allocation of tenancies can also play a role in
preventing anti-social behaviour. This can be achieved by
means of a ‘sensitive’ allocations policy involving, for instance,
not placing individuals who are likely to be victims of anti-social
behaviour in areas where such problems are prevalent. In
addition, the Housing (Miscellaneous Provisions) Act 1997
enables local authorities to request information on applicants for
housing from other local authorities or other specified bodies and
to refuse to let or defer the letting of a dwelling to applicants
whom it believes are currently or were engaged in anti-social
behaviour, where such a letting would not be in the interests of
good estate management, or where applicants have not provided
the information necessary to assess their application. The
Housing (Traveller Accommodation) Act 1988 grants local
authorities similar powers to refuse or defer authorisation to
occupy a caravan on a local authority halting site.
Applications for Accommodation
The Council has put in place written protocols for requesting
information on the involvement of applicants for accommodation in
anti-social behaviour from other local authorities, the Gardaí, health
boards, the Criminal Assets Bureau, the Minister for Social and Family
Affairs and approved voluntary and co-operative housing providers.
The Tenancy agreement for accommodation contains a clause
prohibiting anti-social behaviour. This clause states explicitly the types
of behaviour which are prohibited. The Tenant Handbook also has
information about this important matter
The council will avail of every opportunity to make clear that it is the
policy of the local authority to investigate anti-social activities and to
take appropriate action to deal with them.
That procedures are in place for protecting the welfare of victims and
perpetrators of anti-social behaviour
That procedures exist for appeal and review of all actions taken by the
local authority to combat anti-social behaviour and for assessing
customer satisfaction with the anti-social behaviour service
That procedures for making a complaint about the service are in
operation and for addressing customer complaints, including target
response times
ESTATE MANAGEMENT
The Council believes that the establishment of tenants associations
and the involvement of tenants in housing management encourages a
sense of community and pride in estates and halting sites which
discourages anti-social activity. Tenants associations can also play an
active role in preventing anti-social behaviour on estates by helping to
ensure that activities of this type are reported to the local authority
and the Gardaí, establishing initiatives to prevent these activities from
occurring in their area. Therefore, encouraging the development of and
liaising with tenants groups is central to a strategic approach to
preventing anti-social behaviour.
The Council will at all times seek to develop links with existing tenants
associations, or with other representative groups for tenants such as
Traveller support groups, and encourage and support the development
of new associations in areas where tenants do not have a
representative body, with a view to involving them in preventing antisocial behaviour.
Regular meetings will be held with resident associations and their input
into the design of the local authority’s policy on preventing and
combating anti-social behaviour will be sought. Their opinions on the
policy and strategy will also be sought and they will be encouraged to
report anti-social incidents to the local authority and the Gardaí and to
stress the importance of doing so to the other residents of the estate.
Tenants associations and individual tenants will also be consulted
regarding the refurbishment and redesign of accommodation to
incorporate security and anti-crime features.
In order to achieve best practice in preventing anti-social behaviour,
tenants living in areas where these activities are particularly common
will be encouraged to liaise with the local community Gardaí on a
regular basis and to establish neighbourhood watch and community
alert projects.
The Council will seek to strengthen estate-focused management
systems in estates where levels of anti-social behaviour are high. This
process may involve the following steps:
·
Designation of individual Allocations Support Officers with
responsibility for a specific estate or groups.
·
Re-organisation of clinics to improve accessibility.
·
Facilitate the making of complaints about anti social behaviour
on estates.
·
·
Improvement of relations with local communities.
Establishment of additional liaison committees.
·
Development of links with housing associations where mixed
tenure estates are involved.
·
Facilitate the setting up of neighbourhood watch or community
alert schemes in conjunction with the Gardaí.
·
Provision of recreational facilities for teenagers and children
·
Monitoring of Community CCTV
Working with the Gardaí to set up a neighbourhood watch or
community alert scheme – Providing a community hall or a flat, house
or prefab as
If monitoring of trends in anti-social incidents and cases reveals that
social and community problems are contributing to this activity, the
council will endeavour to ensure that appropriate community, social
and youth services are put in place, by informing relevant service
providers, providing accommodation for relevant community projects
in estates, helping community projects to make applications for
funding and providing grant aid if resources allow.
The council acknowledges that even the most sophisticated systems
for preventing antisocial behaviour are unlikely to completely eradicate
incidents of this type. Therefore efforts will be made to put in place a
strategy for addressing these activities when they do occur. In
devising such a strategy the council will endeavour to strike a balance
between dealing promptly with complaints regarding anti-social
behaviour, on the one hand and ensuring that cases are investigated
thoroughly and fairly, on the other. Account will be taken of the
necessity for measures to protect the welfare and ensure adequate
customer care of both complainants and alleged perpetrators of
antisocial behaviour.
Assessing what action to combat anti-social behaviour is required and
selecting the type of response appropriate to each case, is a threestage process.
Firstly the incident must be categorised on the basis of the type of
activity involved. The council has decided that action should be taken
in all cases of criminal behaviour and drug dealing, for instance, but
that complaints regarding other types of anti-social behaviour,
particularly that falling into category C, will only be dealt with if
deemed appropriate. Secondly, the types of activity that do not
automatically warrant action maybe examined accordingly to the
seriousness of the incident in question. Thirdly, the number of antisocial incidents associated with each case (individual or household) will
be examined. In some cases it may be appropriate to take action if an
incident is the latest in a long list or wide variety of problems
associated with a household or individual.
CASE CONFERENCES
Decisions to further investigate or initiate non-legal or legal action in
cases of anti-social behaviour will be approved by a case conference of
staff with responsibility for anti-social behaviour including senior
housing department staff.
If a complaint is received regarding anti-social behaviour committed by
an illegal occupier of local authority rented accommodation immediate
action will be taken to evict the perpetrator as a matter of course.
The Housing (Miscellaneous Provisions) Act 1997 makes specific
provision for dealing with cases where a local authority dwelling, or
any part of it, is occupied by a person other than the tenant or by a
person who has failed to vacate the dwelling following the service of a
notice to quit and that person is committing anti-social behaviour. The
Housing (Traveller Accommodation) Act 1998 applies these provisions
to local authority Residential Caravan Parks. Under the terms of these
Acts, in these situations the local authority can notify the Gardaí that
the occupant of the dwelling or residential caravan park is an illegal
occupier and has been engaged in anti-social behaviour, and that in
the interests of good estate management it is necessary that this
person is required to vacate the dwelling. On the basis of such a
notification the Gardaí are empowered to direct the occupant to leave
the dwelling or park immediately in a peaceable and orderly manner.
The vast majority of complaints regarding anti-social behaviour will
warrant further investigation before they can be properly assessed. A
number of techniques can be employed to do this and in some cases
more than one method of investigation will be required to accurately
assess complaints.
INFORMATION SHARING
The Housing (Miscellaneous Provisions) Act 1997 and the Housing
Traveller Accommodation Act 1998 enable local authorities to request
information on persons it believes are or have been engaged in anti-
social behaviour from other local authorities or from specified bodies
including the Gardaí, health boards and the Criminal Assets Bureau.
When seeking this information the council will adhere to the protocols
for sharing information on anti-social behaviour with outside agencies.
Whether information is sought from all of these bodies will depend on
the nature of the case in question. However, in all cases concerning
anti-social behaviour the council will request the following information
from local Gardaí:




whether complaints have been made to them in relation to the
individual, household or unit of accommodation concerned.
Whether a criminal prosecution is pending for any offence
connected to the complaint received.
whether the Gardaí have carried out any searches of the
accommodation in question in relation to anti-social behaviour.
whether the person who is the subject of the complaint has any
conviction for activities connected with behaviour described in
the complaint.
In some cases it may be necessary to seek additional information from
complainants regarding allegations of anti-social behaviour. This can
be done by interviewing the complainant or asking them to keep
records of any related incidents of anti-social behaviour.
If the interview method is used local authority staff should broadly
adhere to the guidelines for interviewing alleged perpetrators of antisocial behaviour.
The effectiveness of the record keeping method of investigation can be
improved by providing complainants with standardised forms for
recording each separate antisocial incident and to this end the council
will ensure that these forms are similar in format to those used by the
council to record complaints regarding anti-social behaviour.
In order to achieve best practice in investigating anti-social behaviour
the council will consider seeking additional information from tenants
and residents associations based in the areas in which the activities in
question allegedly took place. The members of these groups have indepth local knowledge which means that they can often provide
detailed information on anti-social behaviour that could not be easily
accessed by other methods of investigation. However, fair procedure
requires that this method of investigation should be used judiciously.
Tenants and residents associations that are not fully representative of
the community as a whole will not be included in consultations of this
type. In addition, in order to protect the anonymity of alleged
perpetrators of anti-social behaviour and the personal safety of
members of residents and tenants associations, all such consultation
will be conducted in general terms, and specific details of anti-social
incidents or alleged perpetrators will not be sought.
Once the Council is satisfied that a complaint regarding anti-social
behaviour has some basis and that the alleged activity is sufficiently
serious to warrant action, it will make contact with the alleged
perpetrator and invite him/her to a meeting to discuss the incident in
question. Fair procedure requires that all communication and meetings
with alleged perpetrators of anti-social behaviour are objective and
impartial. The purpose of this stage of the investigative process is to
provide the alleged perpetrators with an opportunity to present their
side of the story.
Alleged perpetrators of anti-social behaviour will be written to and
informed that a complaint has been made alleging that they have been
involved in anti-social behaviour.
Letters to alleged perpetrators of anti-social behaviour will be clear
and easy to follow.



The letter will specify precisely the allegations which are being
made against the tenant or members of the household including
dates and of the alleged anti social behaviour, the section of the
tenancy agreement and/or section of the Housing Acts 1966 to
2009 which they allegedly breached. Details of the location at
which the alleged anti-social behaviour was carried out will also
normally be supplied, unless including this information would
have implications for the welfare of the complainant.
The letter will invite them to contact a named official of the local
authority, within a specified timescale, for the purposes of
arranging a mutually convenient time and place to meet and
discuss the allegations. The full contact details of the official in
question will be supplied.
The letter will stress that the complaint is purely an allegation
and that the purpose of this meeting is to offer the alleged
perpetrator an opportunity to present his/her side of the story.
In addition the confidential nature of all meetings of this nature
will be emphasised.
If an alleged perpetrator fails to respond to such a letter within the
timeframe allowed a reminder letter will issue. If there is no response
to the reminder a further letter will issue by registered post informing
the party concerned that the Council is within its rights to seek
repossession of the dwelling and that this process will be put in train if
there is no response within a period of two weeks.
If the alleged perpetrator of the anti-social behaviour is not the tenant
of the accommodation where he/she resides, the Council will inform
the tenant that an investigation is being conducted into allegations
that anti-social behaviour was committed by a member of his/her
household.
If additional complaints regarding anti-social behaviour are made
against
individuals or households against whom previous allegations in this
regard have already been made, the Council will ensure that they are
informed of these complaints in writing and afforded every opportunity
to present their side of the story to the local authority.
Interviewing Alleged Perpetrators of Anti-Social Behaviour
Interviews with alleged perpetrators of anti-social behaviour are an
exploratory, information-gathering exercise. Therefore, when
conducting these interviews the interviewers will not convey the
impression that they have already reached a decision on the validity of
the complaints under discussion.
Conducting interviews of this type can be challenging on a number of
fronts.
They can be emotionally challenging as the interviewee may be
distressed or on occasions threatening to the interviewers. In addition,
eliciting the required information from interviewees necessitates good
interpersonal and interviewing skills which can only be acquired by
experience and appropriate training. Therefore good practice requires
that these interviews should be conducted by properly trained and
experienced officials.
Care and discretion will be used when selecting an appropriate venue
for interviews with alleged perpetrators of anti-social behaviour. They
will always be conducted in an appropriate and private venue such as
in the interviewee’s home or in an interview room in the local
authority’s office.
In addition, when preparing for and conducting interviews of this type,
appropriate procedures will also be adhered to in order to protect the
personal safety of the interviewers, ensure fair procedure and elicit all
necessary information from interviewees.
Interviewing Alleged Perpetrators of Anti-Social Behaviour
LOCATION
If the interview is conducted in the Council’s offices a private room will
be made available for this purpose.
Interviews will not be conducted at a public counter.
If the interview takes place in the interviewee’s home it will be
conducted in an appropriate public part of the dwelling such as a living
room.
INTERVIEW PROCEDURE
Interviews will not be conducted by a lone official; he/she will always
be accompanied by a colleague.
One of these officials should take responsibility for conducting the
interview.
The other will keep a record of the interview and ensure that
necessary issues are addressed. Sufficient time will always be allowed
for an interview and interviews will be conducted in a thorough
manner and the interviewee will be allowed sufficient time to make
relevant points.
Interviewees will be free to have an advisor accompany them to the
interview if they so wish.
INTERVIEW PROCESS
Every effort to put the interviewee at ease by for instance using first
names and using informal language when conducting the interview
It will be explained to the interviewee that the meeting is being held to
hear his/her response to complaints that have been received and that
there is no presumption on the part of the local authority that the
complaints are valid.
It will also be clearly explained that the interview is just exploratory
and part of a process of investigation. The detail of the allegation will
be explained and the interviewee will be invited to respond to each
allegation and repeat his/her responses back to the interviewee.
The content of the interview will be summarized and the interviewee
will be asked whether he/she agrees with this summary or has
anything to add.
The interviewee will be informed of the outcome as quickly as possible.
NON-LEGAL SOLUTIONS TO ANTI-SOCIAL BEHAVIOUR
Where possible, non-legal solutions will be employed in the first
instance in cases of anti-social behaviour. However, measures of this
type may be inappropriate in cases that involve criminal behaviour or
intimidation and threats of violence against staff or tenants.
LIAISING WITH TENANTS AND TENANTS ASSOCIATIONS
In cases where anti-social behaviour is widespread in a particular area
and/or the specific perpetrators of these activities are difficult to
identify, informing all tenants in the area about the activities may help
to combat such behaviour.
This may be achieved by means of a letter informing all tenants that
the Council has received complaints regarding anti-social behaviour,
reminding them of their obligations under the tenancy agreements,
stating that it is the policy of the authority not to tolerate these
activities, and reminding them that engaging in activities of this type
could potentially result in the exclusion of perpetrators from their
accommodation, or the repossession of the dwelling, or their eviction
from the halting site, as appropriate.
ACCEPTABLE BEHAVIOUR AGREEMENTS
In cases where alleged perpetrators of anti-social behaviour have
been positively identified by an investigation process and have
admitted their involvement in these activities in an interview with local
authority officials, the Council will endeavour to negotiate a written
agreement with them, in which they undertake to terminate the
activities in question.
This will have to be signed by the alleged perpetrator of the anti-social
behaviour and by a representative of the Council. The alleged
perpetrator
will be provided with a copy of the agreement, together with a cover
letter
which clearly sets out the implications of breaching the contract. A
second copy will be retained by the local authority. It may also be
appropriate to provide a copy to the tenant of the accommodation
where the alleged perpetrator of the anti-social behaviour resides.
If appropriate, when negotiating this agreement the Council will
endeavour to identify any personal problems that may be causing the
alleged perpetrator’s behaviour, and make arrangements for
appropriate supports to address these problems. The obligation to
avail of these supports will be built into the agreement with the
individual in question.
SUPPORTING ALLEGED PERPETRATORS OF ANTI-SOCIAL
BEHAVIOUR
Where possible and appropriate, the Council will provide the
necessary support to help perpetrators of anti-social behaviour
address the root causes of their behaviour. For instance, the alleged
perpetrator may be visited regularly by the housing welfare officer or
social worker or by a tenancy sustainment worker.
It is acknowledged that most solutions to the types of personal
problems that affect anti-social behaviour, such as drug or alcohol
abuse or family breakdown, lie outside of the remit and expertise of
local authorities. In such cases the Council will ensure that
perpetrators of anti-social behaviour are referred to appropriate
agencies to receive the support necessary to help them address the
root causes of their behaviour.
Some cases of anti-social behaviour can be resolved by transferring
either the victim or the alleged perpetrator of these activities to
alternative accommodation, perhaps located in another area.
However, this option will only be used with care because moving
victims from their homes can convey the impression that they are
being punished while, conversely, transferring alleged perpetrators to
better accommodation may convey the impression they are being
rewarded for their anti-social activity.
The wishes of victims of anti-social behaviour will be the overriding
consideration in decisions to transfer them to alternative
accommodation. As a general rule such transfers will only be granted
on foot of a written declaration from a Garda Superintendent that the
life of a tenant or a member of the tenant’s family would be
endangered were they to remain in their existing accommodation.
USE OF MEDIATION
Mediation is an approach to conflict resolution that involves a trained
mediator meeting with the parties to a dispute, individually at first,
and then together in order to try to reach a solution that is agreeable
to both. The Council will consider using mediation in cases such as
these.
Mediators operate on the principles of being independent, impartial
and nonjudgemental. Therefore mediation would not normally be
carried out by local authority officials themselves but by a professional
mediator. However, relevant officials may have some training in the
use of mediation. This will enable them to identify anti-social
behaviour that could be resolved by involving a professional mediator.
MONITORING COMPLIANCE WITH WRITTEN AGREEMENTS
The Council will establish systems to monitor compliance with written
agreements regarding anti-social behaviour. This could involve for
instance alerting relevant officials if a complaint is received which
indicates that an individual or household subject to an agreement of
this type has been involved in additional anti-social incidents. Written
records will be kept of the results of this monitoring.
If alleged perpetrators fail to adhere to the terms of a written
agreement to terminate their involvement in anti-social behaviour,
local authorities should endeavour to meet with them and re-negotiate
the terms of the agreement. This re-negotiation could involve putting
in place appropriate supports for the alleged perpetrator if this was not
provided for in the original agreement or alternatively accessing
alternative supports to those provided for in the original agreement.
The implications of breaking the terms of the renegotiated agreement,
such as termination of the tenancy or exclusion of the alleged
perpetrator from the accommodation, will also be explained or
reiterated at this stage.
In some cases, legal action to exclude individuals from local authority
rented accommodation or to terminate the tenancy, is the only viable
method of combating anti-social behaviour, as defined in the Housing
(Miscellaneous Provisions) Act 1997. A number of considerations are
relevant to achieving good practice in the use of legal action to combat
anti-social behaviour. For instance, fair procedures must be adhered to
at all times when investigating and taking action against alleged
perpetrators of antisocial behaviour. Fair procedure requires that
decisions to initiate legal action should be reached on a consistent
rather than a random basis. This can be achieved by devising standard
protocols to guide staff in relation to decisions of this type. In addition,
efficient use of council resources requires that effective preparations
are made for legal actions, and that all legislative requirements in
relation to the serving of legal notices are adhered to, in order to
ensure a successful outcome. Furthermore, in order to protect the
welfare of all members of the household that is the subject of the legal
action, relevant statutory agencies must be notified of the decision to
initiate action of this type at an early stage.
INITIATING LEGAL ACTION IN CASES OF ANTI-SOCIAL
BEHAVIOUR
It is likely that at any one time, the Council will be dealing with a
number of anti-social cases that could potentially be the subject of
legal action. In scenarios such as this the seriousness of the activities
involved and the prospects that the court action will be successful will
be the overriding consideration in selecting cases appropriate for legal
action. The council will initiate action in cases where a successful
outcome may encourage other perpetrators of anti-social behaviour to
reform their behaviour.
CASE CONFERENCES FOR INITIATING LEGAL ACTION
Decisions to initiate legal action against alleged perpetrators of antisocial behaviour will be approved by a case conference of staff
responsible for preventing and combating anti-social behaviour and
senior housing department staff. In addition, the estate-based staff
responsible for the area where the alleged perpetrator lives and social
work or housing welfare staff will also be included in these meetings.
The Housing (Miscellaneous Provisions) Act 1997 and Housing
(Traveller
Accommodation) Act 1998 stipulates that excluding order proceedings
can only be taken after consultation with the Health Services
Executive.
The easiest way to consult with the Gardaí and the HSE is to invite
representatives of these organisations to case conferences on the
initiation of legal action in cases of anti-social behaviour. Their
attendance at the case conference can also be used as an opportunity
to explore the possibility that these organisations could intervene to
help combat the anti-social behaviour. The Council will seek to involve
these agencies in case conferences insofar as is practicable.
REFUSAL TO SELL A DWELLING
In all cases where a decision has been reached to initiate legal action
against an alleged perpetrator of anti-social behaviour, the Council will
endeavour to ensure that any application from the household in
question to buy their dwelling under the tenant purchase scheme is
also refused.
Section 14 of the Housing (Miscellaneous Provisions) Act 1997
empowers local authorities, on the grounds of anti-social behaviour or
good estate management, to refuse to sell a dwelling under the tenant
purchase scheme. Local authorities may also refuse consent to the
resale of a tenant-purchased dwelling on these grounds, or under the
other circumstances set out in legislation. This measure is an
overriding provision. It is not necessary to amend the terms of the
tenant purchase scheme in order to avail of it.
In order to ensure that this measure is applied in a standardised
fashion to all applications for tenant purchase, the Council will devise
procedures to guide staff in its use. These procedures will allow
applicants for tenant purchase to appeal decisions to refuse to sell a
dwelling and to request that the Council review the decision after a
standard minimum period of time has elapsed or the circumstances of
the applicant have changed.
PREPRATION OF EVIDENCE TO SUPPORT LEGAL ACTION
In order to ensure a successful outcome to legal action in cases of
anti-social behaviour, the Council will ensure that all necessary
evidence is
available. In legal cases of this type it may be necessary to prove the
following:
The subject of the legal action (i.e. the respondent) has engaged in
anti-social behaviour.
When investigating and taking action fair procedures were followed,
the Council acted reasonably and did not abuse its powers or act in
bad
faith.
In order to meet these requirements, the Council must ensure that
documentary evidence along the following lines is available for
presentation to the Court:
Written confirmation that a complaint alleging anti-social behaviour, as
defined in the Housing (Miscellaneous Provisions) Act 1997, or another
breach of the tenancy agreement, was received.
An investigation/enquiry was conducted into that complaint to
ascertain facts.
The respondent was notified in writing of the making of the complaint,
informed of the nature of that complaint and afforded an opportunity
to answer same.
The respondent was advised that consideration was being given to
his/her exclusion from the accommodation or to the termination of
his/her tenancy by reason of the complaint.
All necessary further investigations or enquiries were carried out as
warranted, following submissions or representations by or on behalf of
the respondent.
Where additional complaints were made to the Council, in the course
of its investigation or enquiries, these were notified to the respondent
and he/she was afforded an opportunity to answer those additional
complaints.
The respondent was advised that the Council intended to exclude
him/her from the accommodation or to terminate his/her tenancy as a
result of its enquiries In addition, when applying to the District Court
for the repossession of a dwelling, the Council is always required to
furnish proof that all relevant legal notices have been served correctly.
In cases where legal action against alleged perpetrators of anti-social
behaviour is considered appropriate, the option of obtaining an
exclusion order will be explored in the first instance.
USE OF EXCLUSION ORDERS IN CASES OF ANTI-SOCIAL
BEHAVIOUR
The Housing (Miscellaneous Provisions) Act 1997 and the Housing
(TravellerAccommodation) Act 1998 require that an exclusion order
can only be soughtafter consultation with the relevant tenant and
Health Services Executive. In additionthe DoEHLG circular H5/97 on
the implementation of the 1997 Act recommendsthat the Gardaí and
any other relevant authorities should also be consultedbefore action of
this type is initiated.
The first step in utilising this procedure is to consult with the relevant
tenant regarding the possibility that he/she should apply to the District
Court for an exclusion order against another member of the household
or against a joint tenant.
If on the basis of this consultation the council reaches the conclusion
that the tenant is not in a position to apply for an exclusion order, for
instance because of intimidation, the legislation enables the local
authority to make an application instead.
The 1997 and 1998 Acts do not require local authorities to obtain the
express agreement of the tenant to seek an exclusion order. However,
good practice requires that the written agreement of the tenant should
be obtained if possible.
If not, local authorities should be able to provide proof that they have
consulted with the tenant. This could be achieved by compiling a
written statement of the time, date, location and content of meetings
held with the tenant regarding this issue.
The 1997 and 1998 Acts empower the court to make an interim
exclusion order where there is immediate risk of significant harm to a
tenant or other occupant pending determination of an application for
an excluding order. When initiating exclusion order proceedings the
Council will ensure that the need for an interim order is assessed and
that such orders are sought when necessary.
It is also necessary to serve a respondent with notice of a proposed
application for an exclusion order.
In making an exclusion order the District Court has the power to
prohibit the respondent from entering or being in the vicinity of a
particular house or estate or halting site and to prohibit intimidation or
other interference with a tenant or occupant of the accommodation.
The Council will consider requesting the Court to do this if necessary.
Under the terms of the 1998 Act, exclusion orders in relation to
residential caravan parks may require respondents to remove any
caravan they own or occupy from that residential caravan park.
The term of an exclusion order can be varied by the District Court,
subject to a maximum of three years. However, a further order can be
made with effect from the date of expiration of the first order.
Alternatively, any of the parties to the order, including the local
authority, can apply to the Court to have it discharged when
circumstances no longer require that the order remain in force. The
Council will establish procedures for the periodic review of exclusion
orders and will ensure that arrangements are made to apply for the
discharge or extension of these orders as necessary.
The option of terminating a tenancy on the grounds of anti-social
behaviour will only be used when all other appropriate solutions have
failed or are deemed inappropriate. However, when action of this type
is initiated the council will make every effort to ensure that correct
procedures are followed in all cases so that a successful outcome is
achieved.
Before initiating legal action for the termination of a tenancy on the
grounds ofanti-social behaviour, checks will be made as to whether
any previousnotices to quit that may have been issued against the
tenant are still standing. Ifthis is the case, or if there is any
uncertainty in this regard, a letter will be issued to the tenant
rescinding all previous notices to quit.
Once this has been done the first step in the legal process for the
repossession of the dwelling ie. the service of a notice to quit the
dwelling, which terminates the tenancy will be put in train.
A notice to quit must be in writing and must be served on the tenant
not less than four weeks before it is due to take effect or, in other
words, before the date on which the tenant is required to deliver up
possession of the dwelling to the Council. However, in order to allow
for difficulties in contacting the respondent, a lengthier period for the
service of the notice to quit may be allowed.
A notice to quit normally incorporates a written demand that
possession of the dwelling should be delivered up to the Council on the
date of expiry of the notice to quit and a statement that if possession
is not delivered up, the Council will apply to the District Court for a
warrant for possession.
SERVICE OF NOTICES TO QUIT
Notices to rented dwellings will be served on the basis of an order of
the County Manager or an officer delegated to act on his/her behalf.
The wording of such orders will provide for the new requirements to
take account of the European Convention on Human Rights.
In addition, the following procedure will be adhered to when serving
notices:
Whenever possible legal notices will be served by delivering them to
the respondent in person. If the server is threatened or intimidated, no
further attempts at personal service will be made. If the server fails to
make contact with the respondent up to three attempts will be made
to serve the notice by this method and full records will be maintained
of these attempts.
Where personal service of legal notices is not possible, service will be
effected by means of prepaid registered post. If registered envelope is
returned the notice will then be served by ordinary post. However, in
such circumstances the Council will obtain an order sanctioning this
substituted service from the District Court
COURT ACTION FOR THE TERMINATION OF TENANCIES
If, following the service of a notice to quit and a demand for
possession, the respondent fails to vacate the dwelling, the next step
is the service of a court summons requiring the tenant to attend a
District Court hearing for repossession of the dwelling. At this hearing
the Council may be required to prove the following:
·
The dwelling was provided by a housing authority under the
terms of the Housing Acts.
·
There is no tenancy in the dwelling because the respondent has
broken the terms of the tenancy agreement by engaging in anti-social
behaviour or has engaged in anti-social behaviour as defined in the
Housing (Miscellaneous Provisions) Act 1997 and a notice to quit the
dwelling was served as a result.
·
Possession of the dwelling was duly demanded.
·
The occupier duly failed to give up possession of the dwelling.
·
The demand for possession included a statement of the intention
of thehousing authority, if the demand was not complied with, to apply
for the issue of a warrant for the possession of the dwelling.
·
The Housing Act 1966 requires District Justices to issue a
warrant for repossession of the dwelling once they are satisfied that
the technical requirements of the legislation have been met.
The Council reserves the right to take proceedings in the Circuit in
accordance with the provisions of the Conveyancing Act 1881 as an
alternative to proceedings under Section 62 of the Housing Act 1966.
11
READMISSION OF HOUSEHOLDS WHOSE TENANCIES
HAVE BEEN TERMINATED TO THE WAITING LIST
The Council has devised protocols governing applications for housing
by
households whose tenancies have been terminated on the grounds of
anti-social behaviour. These protocols enable such households to
reapply for accommodation after a standard minimum period of time
has elapsed and/or the local authority is satisfied that the anti-social
behaviour will not recur
12
RIGHTS OF TENANTS
To enjoy peaceful use of their home without disruption from anti-social
behaviour.
To expect the Council to take reasonable action to prevent anti-social
behaviour and to combat these activities should they occur.
To make a complaint to the Council regarding anti-social behaviour in
their area.
To have all complaints about anti-social behaviour investigated swiftly
and fairly.
To have all complaints regarding anti-social behaviour acknowledged
in writing and to be kept informed of the progress of any subsequent
investigation of or action taken in relation to the complaint.
13
RESPONSIBILITIES OF TENANTS
Not to engage in anti-social behaviour.
To treat all anti-social behaviour staff with due courtesy and respect.
To report anti-social behaviour to the Council and co-operate with
investigations of these incidents.
14
HEALTH AND SAFETY OF STAFF
The staff involved in investigating complaints about anti-social
behaviour and instigating action against alleged perpetrators may be
the targets of verbal or physical aggression and assaults. Measures will
be kept in place to reduce the possibility of this happening and to
provide appropriate support for staff who have been victims of such
activities.
Measures to reduce the possibility of verbal or physical assaults on
anti-social behaviour staff could include the following:
Staff will be trained to recognise potentially aggressive and violent
situations and to de-escalate and/or remove themselves from the
situation.
Staff will be provided with appropriate equipment to enable them to
call for help if necessary, e.g. mobile telephones.
Interview rooms and offices used by anti-social behaviour service staff
will be fit for purpose.
Staff will maintain a written record of the date, time and location of
and planned visits to locations outside of the authority’s offices for the
purposes of investigating anti-social behaviour. This ‘duty log’ should
be accessible by other members of staff who may need to check their
location for security purposes.
The Council will ensure that appropriate medical and counselling
facilities are available, if required, to anti-social behaviour staff who
have been victims of verbal or physical aggression or assault in the
course of their work.
15
Appendix
Legislative Background
The Council’s powers in relation to Estate Management
generally and Anti Social Behaviour in particular are contained
in the Housing Acts 1966 to 2009.
Legislation
The legislation available to the Council in dealing with anti–social
behaviour is as follows:
Section 62, Housing Act 1966
(as amended) provides that:
“62.(1) In case,
(a)
there is no tenancy in-
(i)
housing authority under this Act
a dwelling provided by a
(ii)
any building or part of a building
of which the authority are the owner and which is required by them for
the purposes of this Act, or
(iii)
a dwelling of which the National
Building Agency Limited is the owner,
whether by reason of the termination of the tenancy or otherwise, and
(b)
there is an occupier of the dwelling or building or any
part thereof who neglects or refuses to deliver up possession of the
dwelling or building or part thereof on a demand being made therefore
by the authority or Agency, as the case may be, and
(c)
there is a statement in the demand of the intention of
the authority or Agency to make application under this subsection in
the event of the requirements of the demand not being complied with,
the authority or Agency may (without prejudice to any other method of
recovering possession) apply to the justice of the District Court having
jurisdiction in the District Court district in which the dwelling or
building is situate for the issue of a warrant under this section.
(2) Where-
(a)
the rent of any dwelling let by a housing authority
under this Act or by the National Building Agency Limited either on a
monthly tenancy or on a tenancy for a less period than a month, is in
arrears for a period of not less than one month, and
(b)
the dwelling is, in the opinion of the authority or
the Agency, as the case may be, abandoned by the person to whom it
was let, and
(c)
person,
the dwelling is not actually occupied by any
the authority or the Agency may give to the person to whom the
dwelling was so let notice, being of not less duration than which would
be required to terminate the tenancy by notice to quit, of their
intention to resume possession of the dwelling and in case notice is
duly given under this subsection and if, but only if, at the expiration of
the notice the said rent in arrears is unpaid, the authority or Agency
may resume possession of the dwelling and thereupon the tenancy
therein shall by virtue of this subsection terminate.
(3)
Upon the hearing of an application duly made under subsection
(1) of this section, the justice of the District Court hearing the
application shall, in case he is satisfied that the demand mentioned in
the said subsection (1) has been duly made, issue the warrant.
(4)
The provisions of sections 86. 87, and 88 of the Act of 1860
(subject, in the case of the said section 86, to the substitution of “one
month” for “to be therein named, and not less than seven or more
than fourteen clear days from the date of such warrant” and the
substitution of “eight in the morning and eight in the afternoon” for
“nine in the morning and four in the afternoon”)* shall apply in respect
of the issue of a warrant under this section subject to the modification
that where as respects an application under subsection (1) the name
of the occupier of a dwelling or building or part thereof cannot by
reasonable enquiry be ascertained, a summons under the said section
86 may be addressed to “the occupier” without naming him, and the
warrant when so issued shall have the same effect as a warrant under
the said section 86.
(5) In any proceedings for the recovery of possession of a dwelling or
building or part thereof mentioned in subsection (1) of this section, a
document purporting to be the relevant tenancy agreement produced
by the body by whom the proceedings are brought shall be prima facie
evidence of the agreement and it shall not be necessary to prove any
signature on the document and in case there is no tenancy in the
premises to which the proceedings relate by reason of the termination
of a tenancy by notice to quit and the person to whom such notice was
given is the person against whom the proceedings are brought, the
following additional provisions shall apply:
(a) any demand or requirement contained in such notice that the
person deliver up possession of the said premises to the authority or
the Agency, shall be sufficient demand for the purposes of paragraph
(b) of the said subsection (1); and,
(b) any statement in the said notice of the intention of the authority
or the Agency to make application under subsection (1) of this section
in respect of the premises shall be a sufficient statement for the
purposes of paragraph (c) of the said subsection (1).
(6) Nothing in the Landlord and Tenants Acts, 1935 and 1958, or the
Rent Restrictions Act, 1960, shall be deemed to affect the provisions of
this Act relating to the obtaining of possession of a dwelling or building
or part thereof mentioned in subsection (1) of this section.
(7) If in a case in which there is no tenancy in a dwelling provided by a
housing authority under this Act, a person makes entry into the
dwelling, or uses it for human habitation, without the consent of the
housing authority, such person shall be guilty of an offence and shall
be liable on summary conviction to an fine not exceeding £1,000**,
or, at the discretion of the court, to a term of imprisonment not
exceeding one month or to both such fine and imprisonment, provided
that this subsection shall not apply to a person who, at the time when
the tenancy last created in the dwelling was terminated or otherwise
ceased to exist, was ordinarily resident in the dwelling or to a person
making an entry into the dwelling for the purposes of normal social
relations with such persons or to a person making an entry into the
dwelling (but not using it for human habitation) in the course of his
ordinary business, profession, vocation or trade.
*
Amended by s.13, Housing Act, 1970
**
Inserted by s.13, Housing Act, 1970, amended by s.33,
Housing (Miscellaneous Provisions) Act, 1992
This legislation enables the County Council to re-possess a
Council rented dwelling. The procedure involves the service of
a Notice to Quit, which determines the tenancy and contains
the minimum statutory period of 28 days notice to the tenant.
This is followed by a Demand for Possession, which notifies the
former tenant that in the event of refusal of possession, an
application for a Warrant for Possession will be made to the
District Court.
The Council is not required under this legislation to provide
evidence of the behaviour that has led to the decision of the
Council to determine the tenancy. The Council only has to
provide proof that it has followed the statutory procedures in
seeking the Warrant.
However, under Section 21 of the Housing (Miscellaneous
Provisions) Act 1997 evidence of Anti-social behaviour can be
accepted by the District Court from Gardai, the Council and
Health Service Executive officials where other possible
witnesses are not in a position to give evidence due to
intimidation. This can also apply to proceedings under the
Housing Act, 1966.
In general in Section 62 proceedings involving Anti-social
behaviour the County Council will endeavour to present
evidence of Anti-social behaviour before the Courts.
Housing (Miscellaneous Provisions) Act 1997 (as amended by
S.197 Residential Tenancies Act 2004)
Section 1 of this Act defines Anti-social behaviour as either or both of
the following: (as amended by the Housing Miscellanous Provisions Act
2009)
(c)
the manufacture, production, preparation, importation,
exportation,
sale, supply, possession for the purposes of sale or supply, or
distribution of a controlled drug (within the meaning of the Misuse of
Drugs Acts, 1977 and 1984),
(d)
any behaviour which causes or is likely to cause any
significant or persistent danger, injury, damage, alarm, loss or fear to
any person living, working or otherwise lawfully in or in the vicinity of
a house provided by a housing authority under the Housing Acts 1966
to 2002 or Part V of the Planning and Development Act 2000, or a
housing estate in which the house is situate and without prejudice to
the foregoing includes
(i)
violence, threats, intimidation, coercion,
harassment or serious obstruction of any person.
(ii)
Behaviour which causes any significant or
persistent impairment of a person’s use or enjoyment of his or her
home, or
(iii)
Damage to or defacement by writing or other
marks of any property, including a person’s home.
Cases of Domestic Violence do not come within the scope of this Act.
The Domestic Violence Act 2001 is the appropriate legislation for such
cases.
Private property is beyond the scope of the Act. However Section 197
of the Residential Tenancies Act 2004 amends the Housing
(Miscellaneous Provisions) Act 1997 by extending Local Authority
powers to obtain Excluding Orders in respect of tenant purchased
dwellings. This applies only to Local Authority estates where there is at
least one dwelling under the control of the Local Authority. In these
circumstances Excluding Orders can be obtained against any person
frequenting the dwelling involved in Anti-social behaviour, other than
the Relevant Purchasers of said dwelling.
Section 1 also defines Estate Management as:
(a) the securing or promotion of the interests of any tenants, lessees,
owners or occupiers, whether individually or generally, in the
enjoyment of any house, building, or land provided by a housing
authority under the Housing Acts 1966 to 2002 or Part V of the
Planning and Development Act 2000,
(b) the avoidance, prevention or abatement of Anti-social behaviour in
any housing estate in which is situate a house provided by a housing
authority under the Housing Acts 1966 to 2002 or Part V of the
Planning and Development Act 200
Section 3 Excluding Orders
This deals with the application for Excluding Orders by a
tenant/relevant purchaser or by a Local Authority. The legislation is
designed to have a more targeted response to Anti-social behaviour
whereby the specific offenders are dealt with thus avoiding the eviction
of the entire household. In all cases every effort will be made by the
County Council to pursue the option of seeking an Excluding Order
before considering the eviction of the entire household. If granted, an
Excluding Order can prohibit the respondent from entering the relevant
dwelling or the entire estate for a period up to three years. An
Excluding Order can also prohibit a respondent from causing or
attempting to cause any intimidation, coercion, harassment or
obstruction of, threat to, or interference with the tenant or other
occupant of the dwelling concerned.
Application for an Excluding Order by a Tenant
Under Section 3 a Council tenant has the right to apply to the District
Court for an Excluding Order against a person including a joint tenant
who is engaged in Anti-social behaviour. The tenant can only apply for
an order relating to his/her dwelling. The procedure is as follows:
(i) The applicant attends the District Court and requests four copies of
the application for the excluding order.
(ii) The District Court clerk will allocate a Court date for the applicant
usually four weeks from the initial request.
(iii) The applicant must fill out the application and send one copy by
registered post to the Council, one copy to the respondent, one copy is
retained by the applicant and one copy is for the Court.
(iv) The applicant then returns to the District Court and lodges the
application with registered records of postage.
(v) Where the respondent has already left the dwelling, the applicant
must serve the notice on the respondent.
(vi) Experience has shown that in general, District Court Judges
require an applicant to engage the services of a solicitor.
(vii) There is a nominal fee (stamp duty) for such an application
The County Council may advise and assist any of its tenants
who wish to make an application for an Excluding Order. The
same procedure is applicable to a Relevant Purchaser of an ExLocal Authority dwelling.
Application for an Excluding Order by a Local Authority
The County Council has the power to seek an Excluding Order in the
following circumstances:
(i) The respondent is engaged in Anti-social behaviour
(ii) The tenant/relevant purchaser and Health Service Executive are
consulted
(iii) The Council believes the tenant/relevant purchaser may be
deterred from applying for an Excluding Order by violence, threat or
fear.
(iv) The tenant/relevant purchaser does not intend, for whatever other
reason, to make such an application.
(v) It is in the interests of good estate management.
The express agreement of the tenant/relevant purchaser in
such cases is not necessary. It is important to note that a Local
Authority cannot apply for an Excluding Order against a
tenant/relevant purchaser.
Section 4
The Court may make an Interim Excluding Order where there is
immediate risk of significant harm to a tenant/relevant purchaser or
other occupant pending determination of an application for an
Excluding Order.
This section also deals with ex parte hearings in exceptional cases.
Sections 5 to 12
These sections contain necessary supporting provisions for the
operation of the excluding order procedure, including offences for
contravening such orders, appeals and Court jurisdiction.
Section 5 (1)
A respondent who contravenes an excluding order or an interim
excluding order shall be guilty of an offence and shall be liable
on summary conviction to a fine not exceeding £1,500 (€1,950)
or, at the discretion of the Court to imprisonment for a term not
exceeding 12 months, or both.
Section 12 (1)
Where a member of the Garda Siochana has reasonable cause
for believing that, in respect of an order under this Act, an
offence is being or has been committed under section 5, the
member may, on complaint being made to him or her by the
tenant/relevant purchaser or the housing authority, arrest the
respondent concerned without warrant.
Section 12 (2)
For the purpose of arresting a respondent under subsection (1)
a member of the Garda Siochana may enter (if need be by use
of reasonable force) and search any place (including a
dwelling) where the respondent is or where the member, with
reasonable cause, suspects the respondent to be.
Section 13
This section provides for the application of the Excluding Order
procedure in sections 3 to 12 to houses provided by voluntary housing
bodies approved for the purposes of Section 6 of the Housing
(Miscellaneous Provisions) Act 1992.
Section 14
This section empowers Local Authorities to refuse or defer a letting of
a dwelling, or to refuse an application from a tenant to purchase a
dwelling, where the applicant is or has been involved in Anti-social
behaviour or where the letting or sale would not be in the interest of
good estate management. The power to refuse lettings also extends to
applicants who fail to provide necessary information to the housing
authority. A housing authority may also refuse consent to the resale of
a tenant purchase dwelling to a person involved in Anti-social
behaviour or on grounds of good estate management where the
consent of the authority to the resale is required.
S. 197 of the Residential Tenancies Act 2004 contains an amendment
to this section of the Housing (Miscellaneous Provisions) Act 1997 and
gives more powers to Housing Authorities to refuse the sale of a
dwelling provided by Part V of the Planning and Development Act 2000
(Affordable Housing), if the Housing Authority considers the applicant
is/or has been involved in Anti-social behaviour.
Section 15
This section allows Local Authorities to apply to other housing
authorities or statutory agencies for information in relation to any
person seeking a house from the authority or residing or proposing to
reside at a house provided by the authority or whom the authority
considers may be or may have been engaged in Anti-social behaviour
and, notwithstanding anything contained in any enactment, such other
housing authority or statutory agency may provide the information.
Section 16
This section amends the Social Welfare Acts to enable Health
Authorities to refuse or withdraw rent or mortgage interest supplement
for private housing under the supplementary welfare allowance
scheme where persons, otherwise eligible, have been evicted,
excluded, or removed from, or refused local authority housing.
Section 18
This section creates a specific offence of intimidation against local
authority officials, health authority officials, any member of their
family, or any person who provides evidence under Section 62 of the
Housing Act 1966 or the 1997 Act.
A person who causes or attempts to cause any threat,
intimidation or harassment, coerces, obstructs, impedes or
interferes with, an officer or employee of a housing authority or
a health board or a member of the family of such officer or
employee or any person who provides or is to provide evidence
in any proceedings under Section 62 of the Housing Act 1966 or
this Act shall be guilty of an offence.
Penalty - £1500 (€1,905) fine, 12 months imprisonment or
both.
Section 20
This section deals exclusively with squatters. It provides a new power
to the Garda Siochana to remove squatters who are engaging or have
engaged in Anti-social behaviour from Council houses. It empowers
the Garda Siochana on notification by the housing authority to direct
any illegal occupant of a local authority house engaged in Anti-social
behaviour to leave the house. Non-compliance with a Garda’s direction
is an arrestable offence. There are also powers of search and entry
available to the Gardai.
Section 21
Where in any proceedings under Section 62 of the Housing Act 1966 or
Sections 3, 4, or 9 of the 1997 Act a member of the Garda Siochana or
an officer of a housing authority or a health authority states that he or
she believes that a person is or has been engaged in Anti-social
behaviour, if the Court is satisfied that there are reasonable grounds
for such belief and that another person would be deterred or
prevented by violence, threat, or fear from providing evidence in that
regard, the statement shall be evidence of such Anti-social behaviour.
Section 35 of The Housing (Miscellaneous Provisions) act 2009
reads as follows.
“35.—(1) A housing authority shall, within one year of the
commencement of this section, draw up and adopt a strategy (in this
section referred to as an “anti-social behaviour strategy”) in respect
of that part or those parts of its administrative area in which are
situated—
(a) dwellings let by the housing authority to tenants under the
Housing Acts 1966 to 2008,
(b) dwellings in which relevant purchasers (within the meaning
of section 1 of the Act of 1997) reside, and
(c) sites (within the meaning of section 1 of the Act of 1997).
(2) An anti-social behaviour strategy shall have as its principal
objectives—
(a) the prevention and reduction of anti-social behaviour,
(b) the co-ordination of services within the housing authority
directed at dealing with, or preventing or reducing, antisocial
behaviour,
(c) the promotion of co-operation with other persons, including
the Garda Siochana, in the performance of their
respective functions insofar as they relate to dealing with,
or the prevention or reduction of, anti-social behaviour,
having regard to the need to avoid duplication of activities by the
housing authority and such other persons in the performance of those
functions, and
(d) the promotion of good estate management.
(3) An anti-social behaviour strategy shall set out the proposals
of the housing authority for achieving the principal objectives
15 referred to in subsection (2), including, but not necessarily limited
to,
the following:
(a) procedures in relation to the making of complaints to the
housing authority in respect of anti-social behaviour;
(b) initiatives for the prevention and reduction of anti-social
20 behaviour;
(c) the provision of education relating to, and the carrying out
of research into, anti-social behaviour and its prevention
and reduction.
(4) A housing authority—
25 (a) shall, not less than 6 months before the expiration of its
housing services plan, and
(b) may, from time to time as it thinks fit,
review its anti-social behaviour strategy and amend the strategy or
draw up and adopt a new strategy, as it considers appropriate.
(5) When drawing up a strategy, or before amending a strategy, a
housing authority shall consult with—
(a) any joint policing committee established under section 36
of the Garda Siochana Act 2005 in respect of its administrative
area,
(b) the Garda Siochana,
(c) the Health Service Executive, and
(d) any other person as the authority considers appropriate.
(6) The drawing up and adoption of, and the amendment of, an
anti-social behaviour strategy shall be a reserved function.
(7) The drawing up and adoption of, and amendment of, an antisocial
behaviour strategy is not to be taken to confer on any person
a right in law that the person would not otherwise have to require a
housing authority in a particular case to exercise any function
conferred
on it under the Act of 1997 or this Act or to seek damages
for a housing authority’s failure to perform any such function.