Statement of Anti-Social Behaviour Procedures
1.
INTRODUCTION
The Together Housing Group (THG) recognises that each complaint or case of antisocial behaviour is unique and therefore, a one size fits all approach is inappropriate
and will not work. The ultimate consequences include the loss of the home for the
person responsible for the ASB and their household and/or imprisonment, therefore, this
action will not be taken lightly. The type of action will be proportionate to the harm
caused by the behaviour, and the risk the perpetrator presents of repeating the
behaviour or inciting others.
Having considered the individuality of each case, this document is provided as guidance
only and the individual officers are allowed to make decisions from their own experience
and knowledge of the facts; thereby recognising the need for individual facts to be
accounted for in all procedures and affording the case officer flexibility of approach.
2.
RECEIVING A REPORT OF Anti-Social Behaviour (“ASB”)
ASB is defined in the THG ASB Policy by reference to the statutory definition in the ASB
Crime and Policing Act 2014.
Reports of ASB can be made by anyone either directly or via a third party such as the
police, Community Safety Team. Reports can be made via the telephone, in person, in
writing, via the website or via mobile applications
However a complaint is received, it is important that prompt action is taken to
investigate the case and respond to the complainant within the response timescales and
in line with our service standards. It is important to reassure the complainant that:
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2.1
Their complaint will be taken seriously
Help and support is available;
Information provided will be treated as confidential
ANONYMOUS COMPLAINTS
Anonymous complaints should not be ignored, however, it is noted that limited actions
can be taken when a complaint is received anonymously. If a complainant is known to
you, but wishes to remain anonymous, it is important to request that incident log sheets
or incident diaries are completed, as this can assist in the evidence gathering process.
THG ASB Statement of Procedures -
Version 1 - 2015
Page 1
Information received from complainants who wish to remain anonymous can sometimes
be used as “Hearsay Evidence” without disclosing who the complainant is and where
they live.
2.2
TOLERANCE AND LIFESTYLE
Tolerance levels and lifestyles may vary from one person to another and what is
perceived as ASB from one person may not be by another. Officers need to investigate
and establish whether there is a case to investigate or whether the report of ASB is
down to tolerance or lifestyle issues.
If the complaint does not involve threats, violence or harassment we will suggest where
appropriate, that the complainant talks it through with the other person. There is always
a better chance of resolving a dispute if people try to see the other’s point of view.
Sometimes a neighbour just needs reminding that their behaviour is upsetting someone
else. Neighbours should try to be understanding of the different lifestyles of others.
3.
TYPES OF ASB BY CLASSIFICATION & SERVICE STANDARDS
When a complaint has been made the case officer will contact the complainant within
the agreed timescales. If a new ASB case is created, the case officer will where
possible, complete a ‘Complainant Interview Form’ and agree an action plan with the
complainant within these timescales.
Priority
Definition
Response time
Officer
Priority 1
Urgent
Severe forms of ASB that
causes severe distress and
compromises the immediate
safety and well being of any
party
The complainant will be contacted
within 1 working day of receipt of
the complaint.
ASB &
Interventions
Officer
Also includes, hate related
incident, domestic abuse,
threats/act of violence or
damage to property, breach
of court orders
Priority 2
Standard
All other forms of ASB – No
immediate danger to
complainant or others
Wherever possible the case officer
will try to establish face-to-face
contact with the complainant
(ideally within the home
environment where this is safe to
do so) however alternative
locations or methods of
communication will be considered
at the individual’s request and / or
subject to the nature of the issues
involved. Particular care should be
taken if a home visit by a THG
officer would put the complainant,
the officer or any other party at risk
of harm.
The complainant will be contacted
within 5 working days of receipt of
the complaint
Wherever possible the case officer
THG Anti-Social Behaviour Statement of Procedures
Housing
Officer /
Early
Intervention
Officer
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will try to establish face-to-face
contact with the complainant
(ideally with the home
environment) however alternative
methods of communication will be
used at the individual’s request and
/ or subject the nature of the issues
involved.
These are general guidelines but will help in assessing the priority of cases.
The completion of a standard Complainant Interview Form may not be required where
the source is an external agency or from a member of staff, however information must
be documented as it will contribute towards the production of a case management
action plan.
Where a complainant has been made the subject of restricted contact with THG officers
or employees due to previous unreasonable or abusive conduct, then the procedures
set out below may be adapted or adjusted to take account of those restrictions. In some
cases this may permit THG Case Officers to decline to accept the complaint.
4.
THE INVESTIGATION – Interview with the complainant
4.1
INTERVIEWING THE COMPLAINANT
During the interview with the complainant the case officer should complete the
‘Complainant Interview Form’, at the onset of an investigation. The officer will ask
questions to establish;
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Who is affected
How they are affected
Where does/did it happen
When does/did it happen
Why the complainant thinks the other person(s) is acting anti-socially.
As part of the interview process, a number of questions will be asked to identify any
vulnerability issues, so appropriate support can be put in place – we aim to carry out a
Risk Assessment Matrix on all complainants and referrals made to
ASBRAC/Vulnerability Panels where appropriate.
The case officer will use the opportunity of the interview to test the reliability and
accuracy of the allegations by asking further diagnostic and analytical questions.
Potential inconsistencies, ambiguities, embellishments or mistaken assumptions will be
explored and resolved. The complainant should be encouraged to be truthful, and as
forthcoming as possible about any issues which may undermine THG’s ability to take
effective action to deal with the ASB. Victims of ASB may react aggressively in a
conflict situation and it is important to get a clear picture of each parties role in a
dispute. It is better to resolve such issues at an early stage than for them to emerge
later on when legal costs may have been incurred and/or a witness’ reliability called into
THG Anti-Social Behaviour Statement of Procedures
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question. This requirement is highest when a THG member is considering taking legal
action without prior notice to the defendant in proceedings, where there is a high duty to
the Court to disclose all information or issues which undermine the landlord’s case.
If the case officer establishes that there are no grounds for a complaint of ASB which
would justify taking the matter further with the ‘Subject’ of the alleged ASB then the case
officer will indicate to the complainant why this is the case and that the case will not be
progressed. The case officer may use the opportunity to manage the complainant’s
expectations as to what level or type of behaviour is actionable ASB. Examples can
include (but are not limited to):
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Repetition of a previous complaint where no new complaints are raised and/or no
new evidence is available
Behaviour which cannot reasonably be described as a nuisance, such as
ordinary daily activities which do not interfere with other people’s lifestyle
Allegations which are clearly fictitious or frivolous
During the interview, the case officer will also complete an action plan with the
complainant. The action plan will provide the basis of the initial investigation and set key
tasks with which to try and achieve appropriate resolution. It will highlight the
responsibilities of both the complainant and the case officer, manage expectations and
mutually agree timescales e.g. frequency of contact, liaison with partner agencies etc.
When considering the most appropriate course of action the case officer should be
aware of any requests for confidentiality. If a complainant’s request for confidentiality
places limitations on an investigation, the complainant will be advised of any limitations
at the time of their agreement to the action plan. The case officer will make a note of
any request for confidentiality and the subsequent limitations on the Complainant
Interview Form.
NOTE: As the case progresses the case officer will maintain regular contact with the
complainant in accordance with the agreed Action Plan. This will include checking on
the complainant’s welfare / safety / level of vulnerability, provide updates on the
investigation and the continuous gathering of evidence.
4.2
VULNERABILITY / SUPPORT NEEDS ASSESSMENT
The case officer will try to identify any support needs of the complainant / victim (and
household) during the first contact with them.
The assessment will identify
communication issues and any vulnerability issues so that appropriate support can be
arranged. Potential vulnerability issues can include
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Mental/learning disability
Physical disability e.g. Blindness
Alcohol / drug misuse
Mobility problems
Age, race, religion, sexual orientation etc.
Communication barriers
Domestic abuse/violence
Dependent children or adults
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Social isolation
In cases of this nature the case officer will consider additional support for the individual.
This may involve referrals to support agencies or the Anti-Social Behaviour Risk
Assessment Conference (ASBRAC) / Vulnerability Panels. This assessment will also
help us to identify whether the complainant is covered by the provisions of the Equality
Act 2010.
5.
EVIDENCE GATHERING
It is difficult or often impossible to take action against someone simply because
someone has complained about them without evidence also being obtained.
The case officer will if necessary, discuss the need for further evidence gathering with
the complainant, these can include the following activities 
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6.
Incident Report Forms;
Visiting other neighbours/residents;
Checking Police Records;
Checking own housing files and archives for previous reports and legal
action
Involving other agencies;
Surveillance/Cameras/Sound monitoring.
CHALLENGING THE ‘SUBJECT’ OF THE COMPLAINT
Having interviewed the complainant, the case officer will test the allegations to establish
their integrity and decide whether there is a case to answer. The best way of doing this
is to put the allegations to the ‘Subject’ and to seek their response in detail (unless
either the nature and severity of the alleged ASB requires that legal action be
considered immediately on an emergency basis, in which case an immediate referral to
THG Solicitors must be made, or the complainant specifically requests the case officer
not to take the complaint any further).
Prior to contacting the ‘Subject’, it is usually necessary that the case officer obtains
consent from the complainant. The consent can be obtained verbally or in writing. The
preferred option would be to obtain the consent in writing. An exception to the
requirement for consent can be made if the case officer can progress the investigation
of the complaint with the ‘Subject’ without disclosing or giving away the identity/location
of the complainant, and the complainant agrees to this course of action. This may
particularly be the case where there are several complainants and one or more of them
wish to remain anonymous. If the complainant will not give consent and it is not
practicable to progress the investigation anonymously because the nature of the
complaints will inherently give away the identity or location of the complainant, then the
complainant will be informed that the case will be closed and the reasons for this given
(but the material gathered may still be retained as corroborative evidence in potential
future investigations).
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When challenging the ‘subject’ it is usually better to be able to refer to the details of any
nuisance/anti-social behaviour and the dates and times that it has been reported as
occurring. It may in some cases be beneficial to await the completion of Incident Report
Sheets prior to taking any action. However in cases of a serious nature, steps to
address the problem must be considered immediately. When incident report sheets
have been completed, or the evidence provided at the interview with the complainant
together with any substantiated evidence from other residents and agencies is
sufficient, the case officer will challenge the ‘subject’.
In some cases it will not be possible to contact the ‘subject’, because their address may
be unknown or they may be homeless. In such cases case officers can seek additional
information through other information sharing channels. Legal advice can also be
sought to examine the possibility of action against “persons unknown”.
CONTACTING THE ‘SUBJECT’
6.1
As with the first complainant interview, the first contact with the ‘subject’ is very
important indeed. Some allegations are easy to verify such as – untidy gardens, car
repairs and dogs barking. Other complaints you may even witness yourself, such as
loud music, groups of youths congregating outside a property. However, in most cases,
you can only start to test the truth of the allegations by putting them to the ‘Subject’.
The case officer will approach the investigation with an open mind and see it as an
opportunity of establishing the truth.
In most situations (as per the complainant), face-to-face contact should be made with
the ‘subject’ as part of the ongoing case investigation process. However in exceptional
circumstances and in compliance with legal instruction, the ‘subject’ may request that
the interview be conducted via correspondence. Whilst this approach may increase
case length, the investigating officer should agree to the request unless the request to
deal in correspondence is considered to have been adopted as a delaying tactic or as
other unreasonable behaviour (e.g. excessively long or frequent or incoherent
communications). All responses to the allegations will be clearly documented for audit
purposes.
Where possible, an action plan will be agreed with the ’subject’ based on their
response, level of evidence and severity of the incidents. The case officer will remind
the alleged perpetrator of the requirements under the tenancy agreement and THG
policy on anti-social behaviour.
6.2
VULNERABILITY / SUPPORT NEEDS ASSESSMENT
The Case Officer will try to identify any support needs of the ‘Subject’ (and household)
during the first contact with them. The assessment will identify any communication /
vulnerability issues so that appropriate support can be arranged. Potential vulnerability
issues can include
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Mental/learning disability
Physical disability e.g. Blindness
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Alcohol / drug misuse
Mobility problems
Age, race, religion, sexual orientation etc.
Communication barriers
Domestic abuse/violence
Dependent children or adults
Social isolation
In cases of this nature the case officer will consider additional support for the individual
which may involve referrals to support agencies. This assessment will also help us to
identify whether the ‘Subject’ is covered by the provisions of the Equality Act 2010.
6.3
OUTCOME OF THE INTERVIEW WITH THE ‘SUBJECT’
The interview/contact with the ‘Subject’ will have one, or more of the following
outcomes:–
Acceptance
In some cases the ‘Subject’ will accept that they or their family, visitors and/or guests to
their property are responsible for the reported problems. They may not have realised
that their behaviour was causing a problem or that it was a one-off incident and will not
happen again.
In such situations, the case officer shall have discretion as to what is the appropriate
course of action. Acceptance of the allegations, combined with remorse and/or a
credible promise to eliminate the behaviour, may mean that no further action needs to
be taken. However, in some cases further action, including legal action, may still be
appropriate.
Counter Allegations
In some cases the ‘Subject’ may accept or deny certain allegations and/or may make
counter allegations against the complainant or other neighbours. Sometimes the
‘Subject’ will deny everything and allege that it is them who are the victims of the
nuisance.
In cases like these the case officer will still go through the allegations made by the
complainant and obtain a detailed response for each. Once this is done, the case officer
will let the ‘Subject’ explain clearly what problems he or she has faced, and by whom.
The original complainant should be contacted and arrangements made to put the
allegations to the complainant and seek his or her explanation. The case officer will
seek the consent of the ‘Subject’ to do this, as with the original complainant. Where
there are well-founded counter allegations a new case will be opened and handled by
the same officer.
It may be appropriate at this stage to offer the services of an independent mediation
service if it becomes apparent that the case may be a potential dispute where both
parties are partially at fault. Additionally, the Case Officer will still consider whether
THG Anti-Social Behaviour Statement of Procedures
Page 7
further action, including legal action, is nonetheless required in the meantime or as an
alternative.
Denial
The ‘Subject’ may sometimes deny that they or members of their household/visitors
were involved in any incidents of nuisance or anti-social behaviour. They may also
state that they were unaware of the problems or have misconceptions of the levels of
acceptable behaviour.
If the case officer has witnessed any incidents or is confident in the officer’s sources of
information, or has good evidence of the problem, it is important that this is put this to
the ‘Subject’. If that case officer is satisfied that the complaints are justified they will
inform the ‘Subject’ and request that they take steps to stop the nuisance or anti-social
behaviour.
If the case officer feels that there is not enough evidence to support the complaint at this
time, the officer will remind the ‘Subject’ of his or her responsibilities under the tenancy
agreement/legislation.
The case officer will make it very clear that should the
allegations prove to be true and steps are not taken to address the problem then further
action can be taken, which may include legal action. In some cases the nature of the
behaviour may even be such that immediate legal action without further delay is
appropriate, e.g. illegal activities.
Non-Attendance
In some cases the ‘Subject’ will not respond to a request to be interviewed. The
investigation should not be allowed to drag on. If they do not respond, the case officer
will review the evidence and decide whether ‘on the balance of probabilities’ the
allegations are true. The case officer should write to the ‘Subject’ with their findings.
7.
TAKING ACTION
7.1
NON LEGAL REMEDIES AVAILABLE TO RESOLVE ISSUES
When considering what action to take to tackle the ASB the case officer must consider
what is reasonable and proportionate, and consider other agencies responses and
action. Action available can include the following (This list is not exhaustive)
Non Legal Measures
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Advice letters
Verbal advice
Warning letters
Mediation
Restorative Justice
Working with Support Agencies
Working with other Agencies
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Troubled Families Projects
Acceptable Behaviour Contracts
Parental responsibility contract
Extension of Starter Tenancy
Diversionary activities
Legal Measures not available to THG – but can be used by the Police and LA
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Community Protection Notice (LA/Police)
Public Spaces Protection Orders (LA/Police)
Premises Closure Order (LA/Police)
Statutory Notices e.g. Noise Abatement (LA/Police)
Criminal Behaviour Order following conviction (Police/CPS)
In emergency cases such as hate related harassment, threats/acts of violence against a
person or threats/acts of damage to property, it may be appropriate to take immediate
legal action. Cases of this nature need to be discussed immediately with the ASB &
Interventions Manager / Co-ordinator or Head of Association as it may be appropriate to
take legal action without delay.
One or more actions can be taken simultaneously when taking legal or non-legal action;
however, this will be dependent on the nature of the case.
7.2
LEGAL REMEDIES AVAILABLE TO RESOLVE ISSUES
Throughout the investigation, the aim is to resolve complaints without recourse to legal
action. In the vast majority of cases this will be achieved, however, in some cases legal
action may be the only remaining option.
When taking legal action the case officer will normally be able to demonstrate that they
have already tried or considered non-legal remedies, unless anyone involved is at risk
(e.g. violence or threat of violence) where legal action should be taken immediately.
Where enforcement is viewed to be appropriate in tackling the problem, the Officer
should write to the ‘Subject’ to inform them of the action the association is taking and
the reason for the action, unless anyone involved is at risk (e.g. violence or threat of
violence) where legal action should be taken immediately.
The legal measures outlined below comprise a list of the most commonly available
measures available to THG at the time of preparation/revision of this procedure
document, and THG may make use of other remedies as they become available. There
is no preference for one measure over another and one or more can be used in
combination where appropriate. Case Officers may use their experience and judgment
– with the assistance of legal advice where requested – to decide which is the best
response in each case.
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Page 9
Legal Measures available to THG
NOSP/ Possession Proceedings – Notice of Seeking Possession (Assured) –
Absolute Grounds/Mandatory Grounds/Discretionary Grounds
S21 Notice – (Starter Tenancies)
Demotion Orders
Undertakings
Injunctions for tenancy breaches - gardens
Civil Injunctions under ASBCPA 2014 (with or without positive requirements)
Proceedings for breach of injunction
Restriction of rights: Mutual Exchanges, Right to Buy.
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7.3
AUTHORISING LEGAL ACTION
The decision to authorise legal action will generally be made by the ASB & Interventions
Manager / Co-ordinator or Head of Association. Where practicable the case officer will
complete a Proportionality Form to establish whether the proposed legal action is
reasonable and proportionate to the problem.
8.
SUPPORTING COMPLAINANTS AND WITNESSES
The Together Housing Group is committed to supporting individuals who suffer from
acts of anti-social behaviour, those who witness them and those who complain about
such behaviour. The types and methods of support will be dependent on the nature of
the problem and the impact the ASB is having on the individual.
Once a visit has been arranged and the circumstances of the complaint identified, part
of the action plan will be to discuss and agree on the measures required to support
complainants and witnesses.
8.1
Prior to legal action the case officer will where appropriate:
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Undertake risk assessments and carry out, or arrange if necessary, extra
protection methods, these include for example panic alarms, CCTV, fire proof
letter boxes.
Liaison with the police in order to provide fast response calls.
Provide contact details of the officer within the organisation who will be carrying
out the investigation.
The case officer will keep in regular contact with the complainant/witnesses
throughout the investigation.
Access to telephone interpreters.
Applying for emergency injunctions in order to protect tenants/witnesses/others
who are in immediate danger or fear of personal safety.
In circumstances of extreme risk of harm, consider accessing alternative
temporary, emergency accommodation.
Consider all available options to support the victim/witness i.e.
ASBRAC/Vulnerability Panel.
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8.2
When legal action is being undertaken
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8.3
A full explanation of the legal and court processes involved in taking action
against perpetrators.
If required a visit to the court before the day of the hearing in order to familiarise
residents with the layout, facilities and witnesses support service available.
Financial assistance for transport to and from court.
Support and attendance by THG staff throughout the court process.
After Court
 We will reimburse any reasonable costs.
 Contact numbers will be supplied should there be any repercussions from the
hearing. THG staff will contact residents on a regular basis in order to ensure
their well-being and keep them informed of any updates and court decisions.
8.3
Other Support Issues
THG will consider alternative ways of obtaining evidence if situations are so serious or
threatening that victims and witnesses are too frightened to give evidence of any kind.
Such alternatives can include CCTV or the use of professional people (Police, THG staff
etc) as witnesses.
9.
CASE CLOSURE
It is often difficult to ascertain whether an anti-social behaviour report has been
successfully dealt with, especially with low level nuisance.
Cases are kept open and under review until all outstanding actions agreed in the initial
action plan or subsequent reviews have been completed.
A case officer can only close the case after a review by the Line manager. In general
terms this may be when: (this list is not exhaustive):
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It has been resolved without using legal proceedings.
When it has been resolved successfully because of the threat or commencement
of legal proceedings.
The person who was responsible for the anti-social behaviour has been evicted
or excluded from the area or has received a prison sentence.
No further complaints have been received
There is no further action that can be taken.
All options have been considered and tried the Line Manager agrees that there is
no likelihood of resolving the matter.
Where the Senior Officer and case officer agree the complaint is unfounded.
A clear conclusion and closure of each case is important for the case officer, the
complainant and the ‘subject’ of the allegations.
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THG endeavours to achieve complainant satisfaction with the outcome, but some cases
may have to be closed even through the complainant/victim is not satisfied; for example,
if:
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The reported behaviour cannot be reasonably described as a nuisance
There is not enough evidence
The complainant or subject will not try other approaches, such as mediation,
where these have been identified by THG as the appropriate course of action.
The report is unfounded.
When closing a case, it should be borne in mind that what may constitute as insufficient
basis for action now may well provide vital evidence or verification in the future.
When a case is closed the complainant will receive a letter to confirm that the case has
been closed and to advise them and a Case Satisfaction Survey will be arranged to be
carried out.
Where partner agencies have been involved in dealing with a case (e.g. Police or the
Local Authority) the case officer should advise the agencies that the case has been
closed. This could be verbally, by letter or by e-mail.
If appropriate, a letter will also be sent to the ‘Subject’ of the allegations to advise them
that the case against them has been closed.
10.
COMPLAINTS PROCEDURE
If a THG customer is not happy with the response to their complaint of anti-social
behaviour then they should contact the ASB & Interventions Manager. Should the
complaint not be resolved a Corporate Complaint Form will be issued, which will then be
dealt with in the normal manner.
11.
MONITORING AND PERFORMANCE MONITORING
THG has an agreed set of KPI’s to monitor the performance of the service; the KPI’s
include customer satisfaction data following the closure of a case.
THG will benchmark all recorded ASB cases against both internal and external
performance targets and indicators to identify how well the Group is tackling ASB.
The Regional ASB Managers/Co-ordinators and Neighbourhood Managers/Coordinators will regularly review performance via data and reality checking to monitor the
impact of this procedure to ensure an appropriate and consistent approach to Anti-Social
Behaviour.
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12.
REVIEW OF THE PROCEDURES
THG will consult with service users, staff and internal/external agencies in the review of
our policy and procedures on anti-social behaviour. We will review the policy and
procedures every 3 years. Any legislative or government policy changes affecting antisocial behaviour will be reflected in amended policy and procedures as required.
Author and Organisational Leads:(Author) Martin Jackson / Darren Burton
(SMT Lead) Ian Bell
Date: - June 2015
Issue No: -
1
Review date: June 2018
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