Anti-Social Behaviour Policy
1. Purpose
1.1 This policy sets out mhs homes approach to preventing and tackling ASB. It covers issues of ASB, harassment and hate crime. Unless stated otherwise, we use the term ASB to incorporate harassment and hate crime.
1.2 We recognise that ASB can have a significant negative impact on our customers and the communities where they live. The purpose of this policy is to set out our expectations of our customers, their family and visitors and provide a framework for dealing with ASB.
1.3 We will adopt a supportive approach when dealing with victims, witnesses and alleged perpetrators, and be flexible in our approach to managing incidents, working in partnership with both internal and external partners.
1.4 mhs homes are committed to helping to ensure that neighbourhoods and communities are safe places where people want to live
1.5 mhs homes recognises and accepts its role as a responsible landlord to tackle and prevent ASB. We also recognise that our customers and other agencies share this responsibility.
2. Who does this affect?
2.1 This policy applies to customers of all tenures living in a home owned or managed by mhs homes and Heart of Medway, including general needs, sheltered housing and market rent. It also applies to customers in leasehold and shared ownership properties. If necessary, we may take legal action under the terms of the lease and other relevant legislation available to us.
2.2 The term ‘we’ and ‘our’ relates to all concerned unless otherwise stated.
2.3 Customers are responsible for the actions of their occupants and invited visitors.
3. Legislation
3.1 It’s our policy to comply with section 218A of the
Anti-terrorism Crime and Security Act 2001
Anti-social Behaviour Act 2003
The Anti-Social Behaviour Crime and Policing Act 2014 – Civil Procedure Rule Part 65
Neighbourhood and Community Standard - set out by the Regulator for Social Housing
4. Policy Statement
4.1 We will not tolerate anti-social behaviour directed towards our customers, their visitors, or anyone in the locality of our homes including staff or contractors or anyone acting on behalf of mhs.
4.2 We will ensure that our staff are trained and have the knowledge and confidence to support customers and work in partnership with other agencies to resolve ASB. We will ensure our staff;
- Are aware of and use this policy and its accompanying procedure.
- Undertake continuing training to ensure they have the knowledge and skills to effectively deal with ASB.
- Apply good practice.
4.3 We will take effective, appropriate and proportionate action to tackle ASB, using a full range of interventions. We will use the legal framework available to us where it is appropriate to do so.
4.4 Customers and other stakeholders are encouraged to report ASB promptly. Reports of ASB can be made via the telephone, email, online portal or in person to one of our officers. When dealing with reports of ASB we will consider any literacy, language, disabilities or other vulnerabilities that may make reporting a challenge.
4.5 We will not accept anonymous reports of ASB as we will not be able to; validate whether this is a legitimate complaint; resolve misunderstandings between neighbours; or establish whether the complaint is malicious. Reports of ASB will be kept confidential, and the identity of complainants will not be disclosed without their consent.
4.6 We expect neighbours to address low-level nuisances by speaking directly to each other. The following are not considered ASB and will not be dealt with under this policy:
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household noise such as washing machines or doors opening and closing
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children playing or babies crying
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one off parties or BBQs
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different lifestyles
4.7 If ASB results from criminal activity, we expect customers to also report this to the police, who will take action where there is evidence available. We will collaborate with the police to take action against tenancies when necessary.
4.8 We will risk assess cases to assess the severity and impact of the ASB. In most cases, we will contact the complainant within 2 working days to discuss the complaint and contact the perpetrator within 5 working days. Where there is harassment, severe violence or a threat of severe violence we will make contact within 1 working day.
4.9 To enable us to investigate reports of ASB, mhs will expect complainants to provide evidence to support the case. This could be:
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reporting via email, text or diary sheets
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sound recordings submitted via our noise app
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video recordings where is safe and appropriate to do so
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photographs where is safe and appropriate to do so
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reports from other agencies such as the police
Where evidence is not supplied we will not be able to investigate the case and it will be closed.
4.10 The officer investigating the case will agree an action plan with the complainant setting out what is expected of them and explaining how mhs will seek to resolve the case by undertaking a thorough investigation and taking action that is proportionate to the case.
4.11 mhs is committed to providing support and intervention that address the root causes of ASB including referring to and assisting access to other services such as mediation, medical and other support services. This will be offered to victims and perpetrators.
4.12 Our focus is to try to work with the complainants and perpetrators to resolve the situation before resorting to legal action. The severity and nature of the behaviour will determine the appropriate action in each case. This could be mediation, warnings, referrals to support services, legal action or termination of the tenancy.
4.13 We will work in partnership with the Police and Local Authority, share information and use the early intervention tools available to us.
4.14 As part of our investigation into tenancy breaches, and where it is appropriate, we will work in partnership with other agencies to make sure that the correct support is offered to the complainant and the necessary referrals made. These may include, Citizens Advise Bureau, Victim Support, Mediation, Social Services and tenancy support services.
4.15 In cases of ASB, where we take legal action, we will support victims and witnesses throughout the process as well as covering travel expenses.
4.16 We will only take action to evict a perpetrator where it is reasonable and proportionate to do so and the evidence is sufficient and robust enough for a successful possession action.
4.17 Customers can request an appeal or make a complaint if they are dissatisfied with the outcome of the ASB case. They can also request an ASB review with the Local Authority (Previously known as a Community Trigger) if they feel their complaint has not been responded to. This gives the victim the ability to demand action, starting with a review of their case.
4.18 Collective, multi-agency working is critical to resolving cases of anti-social behaviour. We will actively work with multiple agencies but not limited to, Police, Local Authorities, Health, Probation, the Youth Offending Service, Social Services, Education, Fire Brigades and other social housing providers, dependant on the cases.
4.19 mhs will conduct Tenant Satisfaction Surveys to collect and review feedback which will be used to develop and improve the way we deal with ASB.
5. What is Anti-Social Behaviour?
5.1 Anti-Social Behaviour is defined by Section 2(1) of the Anti-Social Behaviour Crime & Policing Act 2014 as: a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, b) conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or c) conduct capable of causing housing-related nuisance or annoyance to any person.
5.2 The following is not an exhaustive list, but examples of ASB can include;
- Verbal Abuse / Harassment / Threats
- Hate Related (harassment based on race, gender, disability status, religion, age or sexual orientation)
- Vandalism / damage to property
- Pets / Animal Nuisance
- Nuisance from vehicles
- Drugs / Substance misuse / Drug Dealing
- Alcohol Related
- Domestic Violence / Abuse
- Other Physical Violence
- Litter / Rubbish / Fly Tipping
- Misuse of communal areas / public spaces / loitering
- Prostitution / Sexual Acts / Kerb Crawling
- Other criminal behaviour / crimes
Domestic Abuse including Honour Based Violence is covered specifically under the Domestic Abuse Policy.
5.3 Harassment is a personalised form of anti-social behaviour aimed at a particular person it can take a variety of forms but is unwanted behaviour that has the effect of violating dignity or creating an intimidating, hostile, humiliating or offensive environment. Examples include;
- Violence or threats of violence toward a person or their property
- Abusive or insulting words or behaviour, to include letters, phone calls and text messaging.
- Writing threatening, abusive or insulting graffiti near the victims home
- Any behaviour that leaves the victim humiliated and or intimidated
Some forms of harassment may precede an incident of hate crime motivated by prejudice based on the protected characteristics as defined in the Equality Act 2010.
5.4 Hate Crime complaints are treated very seriously. We define a hate crime or incident as an incident that is considered by the victim to be motivated by prejudice or hate, such as;
- Racist behaviour and racial harassment
- Homophobic or transphobic behaviour
- Disability related harassment
- Faith related harassment
- Age and/or gender
The behaviour reported may be considered a crime in law and we will take appropriate action. If the property where the complainant lives has been a target of vandalism or personal graffiti, we will deal with this as a matter of urgency. Our target for removing personal graffiti is 24 hours.
Refer to our Hate Crime policy for details on how we will deal with instances of hate crime.
5.5 We have a separate policy for domestic abuse and honour-based violence, but recognise that some reports of noise nuisance, disturbances and or anti-social behaviour could be an indicator of potential domestic abuse and or safeguarding issues (e.g. complaints about noisy arguments could suggest that a domestic argument is taking place).
We will ensure that any potential indicators for domestic abuse and or safeguarding matters, are actively considered as part of our ASB investigation and will take appropriate actions including raising safeguarding alerts in line with our policies and procedures.
6. What is not considered ASB?
6.1 Complaints about different lifestyles or every-day living situations which are not deliberately intended to cause nuisance or annoyance are not generally considered as ASB.
6.2 This includes; children playing and babies crying, household noise due to everyday living and DIY during reasonable hours (as defined by local authorities), one off parties, BBQs and celebrations, cooking odours and reasonable household smells, smoke, minor car maintenance and minor disputes between neighbours or personal differences.
6.3 Although these are some examples of behaviours, we would not generally consider to be ASB, we understand that sometimes repeated incidents, individually seen as low level, may cumulatively having a serious impact on the victim’s life.
6.4 Therefore, for low level ASB, if the behaviour is persistent and deliberate and is found to be having a harmful impact on a person or they are at risk or potentially at risk then we will investigate the matter as ASB in line with this policy.
7. Compliance
7.1 This policy has been created in compliance with the requirements of the Neighbourhood and Community Standard, as required by the Regulator for Social Housing. The standard requires registered providers to demonstrate:
a) that tenants are made aware of their responsibilities and rights in relation to ASB
b) strong leadership, commitment and accountability on preventing and tackling ASB that reflects a shared understanding of responsibilities with other local agencies
c) that a strong focus exists on preventative measures tailored towards the needs of tenants and their families
d) that prompt, appropriate and decisive action is taken to deal with ASB before it escalates, which focuses on resolving the problem having regard to the full range of tools and legal powers available
e) that all tenants and residents can easily report ASB, are kept informed about the status of their case where responsibility rests with the organisation and are appropriately signposted where it does not
f) provision of support to victims and witnesses
7.2 We will only share information that meets the requirements of the Data Protection Act 1998. Confidentiality and impartiality will be exercised by mhs homes at all times.
8. Equality Statement
This policy applies to customers of all tenures living in a home owned or managed by mhs homes and Heart of Medway, including general needs, sheltered housing and market rent. It also applies to customers in leasehold and shared ownership properties. mhs homes wants to make sure that no person receives less favourable treatment from the organisation on the grounds of age, disability, gender reassignment, marriage, civil partnership, pregnancy, religion or belief, race, sex or sexual orientation.
This policy will be reviewed in three years’ time or earlier if required by legislation, new significant guidance or in response to specific incidents.