anti social behaviour procedure

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Anti-social behaviour procedure www.coastandcountryhousing.org.uk

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Page 1: Anti social behaviour procedure

Anti-social behaviour procedure

www.coastandcountryhousing.org.uk

Page 2: Anti social behaviour procedure

Anti-social behaviour procedure

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Anti-social behaviour procedureWe understand that anti-social behaviour can have a negative impact on individuals and communities. Coast & Country is committed to ensuring that all of our tenants enjoy their right to peace, quiet and security in their homes.

To this end, we aim to provide an effective and efficient service to resolve problems quickly and where necessary will enforce tenancy conditions by taking legal action.

What is anti-social behaviour?

• Conduct that has caused, or is likely to cause harassment, alarm or distress to any person.

• Conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises.

• Conduct capable of causing housing-related nuisance or annoyance to any person.

(Anti-Social Behaviour, Crime and Policing Act 2014)

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What is hate crime?

A hate crime is any incident which constitutes a criminal offence, which is perceived by the victim or any other person as being motivated by prejudice or hate.

The prejudice may be about the victims disability, race or ethnicity, religion or belief, age, sexual identity or transgender identity.

If you would like more information we have a separate leaflet for hate crime.

Reporting anti-social behaviour

You can report anti-social behaviour in the following ways:

• Verbally (face-to-face or by telephone) to your housing office.• In writing to any of our housing offices.• Via our website www.coastandcountryhousing.org.uk.• By phoning our 24 hour contact centre on 01642 771300.

Anonymous reports

If you report anti-social behaviour anonymously, it will not be ignored, but the action that we can take may be limited. Each report will be considered to ascertain whether it will be recorded only or investigated further.

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Acknowledging your report

If you report anti-social behaviour a Tenant Advisor will contact you within two working days. If the behaviour being reported is ‘hate’ related or involves domestic or physical violence, an appointment will be made for an Enforcement Officer to interview you within one working day.

We will ensure that the information you provide remains confidential, unless you give us permission to pass the details on. If you do not wish to be identified we will not share your details with anyone. The only exception to this is if we receive information that suggests someone may be at serious risk if action is not taken.

Gathering information

The Tenant Advisor will:

• Gather information about the anti-social behaviour.• Identify any risks that may affect you and talk to you about any support you may need.• Agree what will happen next. For example, a referral to mediation or steps to be taken to investigate the situation.

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Mediation

Where the behaviour reported does not breach the tenancy agreement, for example, lifestyle differences or neighbour disputes, we will make a referral to our dedicated mediator.

In cases where there is a breach of tenancy, this can still be dealt with through mediationif the parties wish to use this service.

Out dedicated mediator will contact you within five working days of a referral being made.

Investigating your report

If the report needs to be investigated, the Tenant Advisor will gather as much evidence as possible. This may involve:

• Gathering information from complaints, for example diary sheets and photo evidence.

• Obtaining witness statements.• Obtaining evidence from other agencies such as the Police and Local Authority.

The alleged perpetrator will be invited to attend an interview within five workingdays.

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Interviewing the alleged perpetrator

When the alleged perpetrator is interviewed, they will be given details of the report. They will then be given opportunity to respond. We will ensure that no information is given to them that may put you and other complainants or witnesses at risk. They will only be told of your identity if you have agreed to this.

Outcome of the interview

Where there is supporting evidence, the Tenant Advisor will discuss the impact of their behaviour and the consequences if it continues. If the perpetrator is a tenant, the Tenant Advisor will remind them of their tenancy conditions and explain the action required to remedy the breach.

Where there is no supporting evidence and the alleged perpetrator denies the allegations, the Tenant Advisor will explain that the details of the report have been recorded and any further reports will be investigated. Following the interview, we will con.rm the outcome in writing.

If the alleged perpetrator does not attend their interview, the Tenant Advisor will carry out a home visit within two working days. If contact is still not made a letter will be sent to them giving details of a second appointment and a confirmation letter will be sent to you.

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Next steps

In most cases, the anti-social behaviour stops after the perpetrator has been interviewed. Where this is the case, the Tenant Advisor will discuss closing the case with you.

If the anti-social behaviour continues, the Tenant Advisor will investigate further to gather more evidence. This may involve:

• Contacting other residents who may be affected. • Installing noise monitoring equipment to record evidence of noise nuisance.• Installing a camera to record evidence of the anti-social behaviour. Following further investigation, the Tenant Advisor will send the perpetrator a letter requesting they attend a second interview. Following the interview, a final warning letter will be sent to the perpetrator and a letter will be sent to you advising of the action. During the case we will continue to identify any risks that may affect you and provide support as required.

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Further action

If the anti-social behaviour continues and evidence is obtained, the Tenant Advisor will involve the Enforcement Officer the following action will be considered:

• An acceptable behaviour agreement being signed (ABA).• A Notice of Seeking Possession and / or a Notice of Seeking Demotion Order

being served.*• Notice Requiring Possession.*

In addition and where necessary, legal action will be taken. This includes the following:

• Injunction.• Demotion order (this demotes the assured tenancy to a less secure tenancy for

12 months).*• Possession Order that can result in eviction. *

*Where the perpetrator is a Coast & Country tenant.

Legal proceedings can sometimes take time and the Tenant Advisor and Enforcement Officer will provide help and support to you and any witnesses during this time whilst keeping you informed of the progress.

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Case closure

When the anti-social behaviour has stopped or significantly reduces, the Tenant Advisor will discuss closing the case with you. This will involve: • Reviewing the actions agreed and taken.• Checking that the risk to you has reduced.• Ensuring that you are happy for the case to be closed.

Closing the case does not mean that if the anti-social behaviour starts again the procedure will start from the beginning. All the information is recorded and action taken in the previous case will be taken into consideration in any subsequent investigation.

The Tenant Advisor will confirm closure of the case in writing to you and the perpetrator.

MonitoringAnti-social behaviour reports are monitored to ensure that cases are dealt with in line with the procedure and that timescales for actions are met. When a case is closedyou will be contacted shortly after and asked a few questions about how your case was dealt with. The information you provide will help us to improve our service.

The Community TriggerThis gives you the right to request a review of how we and other agencies have dealt withyour reports of anti-social behaviour. For a review to be carried out a locally agreed threshold must be met. For more information on this please contact your housing office.

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Contact us

Redcar Housing Office14 Ennis SquareDormanstownRedcarTS10 5JR01642 [email protected]

East Cleveland Housing Office1A Woodhouse RoadGuisboroughTS14 6LH01642 [email protected]

Grangetown Housing OfficeKingsley RoadGrangetownMiddlesbroughTS6 7PW01642 [email protected]

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Spencerbeck Housing OfficeSpencerbeck HouseEllerbeck WaySpencerbeckMiddlesbroughTS7 9PZ01642 [email protected]

South Bank Estate Management Board Office11/13 Steele CrescentSouth BankMiddlesbroughTS6 QJ01642 [email protected]

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© COAST & COUNTRY 2014

www.coastandcountryhousing.org.uk

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Twitter: @cchousingonline