1

Anti Social Behaviour Policy

February 2016

Author of the Policy: Julie, Harvey, Neighbourhood Manager Due date for review: February 2018 Date Equality Analysis completed: January 2015

2

CONTENTS

1. Introduction 2

2. SARH Vision and Values 3

3. Corporate Plan Objectives 3

4. Aims of the Policy 4

5. Definition 4

6. Strategic Context 5

7. Strategic Governance 5

8. Classification of Anti Social Behaviour Definition 6

9. Customer Responsibilities 6

10. Dealing Effectively with ASB 7

11. Partnership Working 8

12. Preventative Action 8

13. Early Intervention 10

14. Provision of Support to Complainants, Victims and Witnesses

10

15. Support for Perpetrators of ASB 10

16. Revised ASB Toolkit 11

17. Legal Action Against Perpetrators 13

18. Data Protection and Information Exchange 14

19. Performance Measures and Targets 14

20. Risk Management 15

21. Communication 15

22. Corporate Complaints 15

23. Review of Policy 15

24. Associated SARH Policies 15

1. Introduction 1.1 Stafford and Rural Homes (SARH) is committed to identifying incidents of or potential anti-social behaviour (ASB) taking positive measures to provide safe and secure communities and homes for its customers and their families. 1.2 This policy is designed to improve the way in which SARH manage anti-social behaviour ensuring the variety of methods available are used to ensure the best outcome in each case. 1.3 SARH is committed to ensuring that everyone has an opportunity to achieve their full potential and seek to work in a preventative way to help change behaviours whilst ensuring appropriate action is taken where necessary.

3

1.4 Policy Context This policy is written in accordance with the Governments White Paper “Putting Victims First – more effective responses to anti-social behaviour” the Localism Act 2011 and the Anti Social Behaviour Crime and Policing Act 2014. 1.5 Scope of the Policy This policy applies to all customers and stakeholders who make a complaint regarding ASB and other forms of unacceptable behaviour including criminal behaviour. 2. SARH Vision and Values

2.1 Vision

SARH’ vision focuses on how we can deliver services to ensure positive outcomes for customers and partners. SARH vision is:

‘Creating great places to live, work & grow’. 2.2 Values SARH Corporate Values demonstrate how employees should maintain a professional approach at all times. The CARES values, developed with customers underpin our operating ethos, caring about the people we work with. Communicating with one another in a range of ways that are timely and

informative Approachable so that people can communicate with one another, share ideas and

remain informed Respectful of each others’ differences, values and opinions, treating everybody as

they would wish to be treated Empowering staff, customers and stakeholders to have real and meaningful input

into the business Supportive of each other, offering only constructive criticism and being willing to help

make the service excellent 3. Corporate Plan Objectives 3.1 The Anti Social Behaviour policy clearly links in with the SARH’ Corporate objectives:

“Creating Great Places to Live, Work & Grow”

Particularly supporting the delivery of the objectives: Great Landlord and Support.

4

4. Aims of the Policy 4.1 SARH recognises that in order to secure improved behaviour and to enable people to take responsibility for their own behaviour and its impact on others, it is important at times to apply sanctions or to challenge people with appropriate and proportionate consequences for their own behaviour. 4.2 This may provide an incentive to change, or it may be that the primary impact of sanctions will be to relieve victims of continued ASB. A policy without firm and effective sanctions is unlikely to achieve improvements that benefit victims and neighbourhoods. 4.3 SARH expects all of its customers including leaseholders to adopt a good neighbour approach. This means having respect for the neighbourhoods in which they reside and respecting different values and lifestyles reflected within the community. This policy will ensure:

Contribution to sustainable communities based on reasonable standards of behaviour;

Customers comply with tenancy conditions; Prompt response to reports of ASB; Work proactively recognising potential problems and through early or quick

intervention preventing them from escalating; Treat all cases of ASB sensitively and in a consistent and fair manner; Protect the rights of customers who may be subject to ASB due to their age,

disability, gender, race, sexual orientation or religious beliefs; Considers the possibility of prevention, intervention and support when dealing

with ASB; Supports victims and witnesses of unacceptable behaviour; Ensures that a range of sanctions are available for combating ASB; Take effective enforcement action when required; Work in partnership with other agencies to tackle the causes of ASB; Work in partnership with others to educate communities to understand the

effects of such behaviour. 5. Definition 5.1 For the purpose of this policies, the definition of anti-social behaviour and nuisance is taken from the ASB Crime and Policing Act 2014 as follows:

a) Conduct that has caused, likely to cause harassment, alarm or distress to any person.

b) Conduct capable of causing nuisance or annoyance to any person in relation to that person’s occupation of Respondent premises or:

c) Conduct capable of causing housing related nuisance/annoyance to other persons.

5

b) and c) applies where an injunction is applied for by Local Authority or Registered Provider

6. Strategic Context 6.1 In setting out its policy and procedures, SARH has regard to the strategic context of ASB and how they relate to existing statutory obligations. 6.2 The Stafford Borough Partnership comprises public and private agencies each with their part to play in reducing crime and disorder and making our neighbourhoods a safer place to live, work & socialise. 6.3 SARH will, where appropriate and where it is in its customers’ interests to do so, seek to contribute to the wider strategic process, such as through the Stafford Borough Partnership. 6.4 SARH policies on ASB take account of other relevant legislation including:

Crime and Disorder Act 1998 Equality Act 2010 Homelessness Act 2002 Equality Act 2010 Human Rights Act 1998 Housing Act 1996 Data Protection Act 1998 Localism Act 2011 Anti Social Behaviour Crime and Policing Act 2014

7. Strategic Governance 7.1 ASB Charter for Housing The ASB Charter replaces the Respect Standard for Housing Management. SARH signed up to the ASB Charter in June 2012.A self assessment with customers and stakeholders was completed to ensure SARH were operating within the seven core commitments, prior to SARH signing up to the new ASB Charter. The key seven core commitments of the ASB Charter are; 1. Demonstrating Leadership and a strategic commitment 2. Providing an accessible and accountable service 3. Taking swift action to protect communities 4. Adopting a supportive approach to working with victims and witnesses 5. Encourage individual and community responsibility 6. Having a clear focus on prevention and early intervention 7. Ensuring a value for money approach is embedded in the service

6

The ASB Charter will continue to be used as a framework for improvement. 7.2 Homes and Community Agency(HCA) Standards The HCA regulatory framework states that registered providers shall work in partnership with other agencies to prevent and tackle anti social behaviour in neighbourhoods where they own homes. It requires registered providers to publish a policy on how they work with relevant partners to prevent and tackle anti-social behaviour (ASB) in areas where they own properties. In their work to prevent and address ASB, registered providers shall demonstrate:

That tenants are made aware of their responsibilities and rights in relation to ASB

Strong leadership, commitment and accountability on preventing and tackling ASB that reflects a shared understanding of responsibilities with other local agencies

A strong focus exists on preventative measures tailored towards the needs of tenants and their families

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

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

A provision of support to victims and witnesses 7.3 Local Offers SARH also has ‘local offers’ in place for accountability for its customers, these local offers were developed in consultation with customers and are reported into the Customer Board, the Local Offers are:

1. SARH will remove any offensive graffiti from our land and property within 1 working day of it being identified by us or being reported to us.

2. Agree an action plan, with customers with clear timescales to deal with any cases of anti social behaviour.

3. Visit customers before closing any anti social behaviour cases.

8. Classification of Anti-Social Behaviour 8.1 SARH will deal with complaints of ASB and Nuisance in different ways depending on the type and severity of the incident and/or behaviour complained of. All cases are different and need to be dealt with in a way appropriate to their nature and severity.

7

8.2 SARH uses a classification system to assist with the prioritising of caseloads. Complaints of ASB and Nuisance are categorised as: Category A - Very serious or emergency cases Category B - Serious cases Category C - General ASB cases This system helps Neighbourhood Services Officers prioritise their workloads and be more co-ordinated in their approach 8.3 The following are anti-social behaviour categories as set out by Housemark, however not all categories will be dealt with by SARH e.g. criminal damage which will be dealt with by Police. SARH will work in partnership to ensure that the most appropriate agencies are consulted/engaged in dealing with complaints.

Primary Category Examples of behaviours/incidents

Noise Music, DIY noise, cars, motorbikes and other noise

Harassment/Intimidation Verbal abuse, written abuse, nuisance phone calls, menacing gestures

Hate related incidents Racial, sexual, gender, religious, disability and age related intimidation and community tension

Criminal damage Vandalism, graffiti, damage to property

Animal nuisance Animal noise, dangerous dogs, animal fouling, general animal nuisance

Vehicle nuisance Motorbikes, abandoned or un-roadworthy vehicles, joy riding

Drugs Drug dealing, paraphernalia, frequent visitors and presence of drug dealing/users

Alcohol related Drunken behaviour and street drinking

Domestic abuse Domestic Violence within the home or reported as a cause of nuisance and distress to neighbours

Physical abuse Physical intimidation, threats or actual assault

Litter/rubbish Fly tipping, general litter/rubbish and fly posting

Garden nuisance Overgrown gardens, rubbish in gardens and bonfires

Misuse of communal or public areas

Loitering in communal areas, misuse of area and begging

Sexual acts Prostitution, kerb crawlers, sex acts in public and paedophile activity

9. Customer Responsibilities 9.1 SARH expects its customers to show consideration to their neighbours and their community, and not to commit, or allow their family or visitors to commit acts of ASB. This includes harassment, noise nuisance, annoyance or disturbance whether to customers, their visitors or other people in the area such as our staff and contractors.

8

9.2 In addition to the legal responsibilities set out in their tenancy agreement or lease, SARH will encourage residents to:

Report all incidents of ASB Report all crimes, including threats or acts of violence to the Police Take responsibility for minor personal disputes with their neighbours and try to

resolve any such problems themselves Respect other peoples’ right to their chosen lifestyle and everyday reasonable

level of disturbance e.g. food smells, babies crying or religious practices Work with us to resolve disputes/issues, e.g. completing diary sheets,

providing witness statements attending court etc 10. Dealing effectively with ASB 10.1 SARH have an interest in all incidents of ASB where the housing management function is affected. Each case will be evaluated to determine which agency is best placed to lead on a matter which involves cross tenure parties and input to whatever degree is felt necessary. 10.2 SARH will ensure that all staff dealing with ASB are given the training required to fulfil the responsibilities found within this policy. This will be reviewed through the appraisal system and any areas of need identified. 10.3 SARH has a dedicated Neighbourhood Services Team who are responsible for dealing with all complaints of nuisance and ASB. 10.4 For the majority of ASB complaints, the Neighbourhood Services Officers will carry out a full, thorough and fair investigation in a bid to resolve the complaints swiftly and effectively. 10.5 SARH response to proven allegations of ASB will be proportionate and appropriate and will address ASB through effective:

Partnership working Preventative action Early intervention Provision of support and advice for victims and witnesses Provision of support for perpetrators Other action against perpetrators including legal remedies

10.6 SARH aims to provide a balanced approach between protecting the quiet enjoyment of the community with helping individuals to sustain their tenancies by addressing the ASB.

11. Partnership working 11.1 It is widely recognised that a multi agency approach to dealing with ASB is often the most effective. The ASB Crime and Policing Act 2014 streamlined the ASB toolkit increasing the need for stronger partnership working.

9

11.2 SARH are fully committed to a partnership approach and acknowledge that working within a multi agency framework is essential for achieving results and sustainable communities. 11.3 SARH will continue to build relationships with a variety of other agencies, which may have resources to intervene and assist both perpetrators and complainants. The Local Authority, Youth Offending Team, Probation Service, Education Service, Social Services, Mental Health Services, and other voluntary organisations helping people with special needs may have a contribution to make. 11.4 SARH will ensure representation to any relevant multi agency meetings at Strategic and Operational levels. 12. Preventative Action

12.1 SARH will ensure that customers are aware of their responsibilities at the earliest opportunity. 12.2 SARH clearly set out what is considered unacceptable behaviour and what action will be taken against those who are perpetrators of such behaviours within its Tenancy Agreement. 12.3 The following are used to prevent the occurrence of anti social behaviour:

Careful consideration will be given to whether applicants who have been proven to commit ASB are eligible for rehousing by the Association in accordance with Localism Act 2011 and SARH policies on allocation.

Pre Tenancy Workshops are predominantly targeted at those who have not held a tenancy previously. Wider invitations to those who present as needing additional information, guidance will be signposted to the sessions.

Officers explain to all new customers the importance of acceptable behaviour towards other customers at sign up and reinforced at the 4 week and 8 month tenancy visit. Officers clearly set out the approach that SARH will take if incidents of ASB occur.

New customers are offered a 6 year fixed term assured shorthold tenancies which includes a 1 year break clause. Where customers are within the first 12 months of tenancy and continue to cause ASB following warnings or commit ASB of a serious nature SARH will use S21 possession proceedings against them.

Referrals will be made to support agencies where appropriate

Customers will be offered Employment Support and training

SARH will hold Local Community events and initiatives where appropriate

SARH will support any appropriate Partnership Initiatives

SARH will publicise cases using a variety of media e.g. local leaflet drops, press releases for more serious cases

SARH actively look to design out crime when developing new schemes

13. Early Intervention

10

13.1 The majority of ASB can be remedied by the use of early intervention and pre legal tools. Some of the early intervention tools are listed below:

Verbal and written warnings

Mediation

Acceptable Behaviour Contracts (“ABCs”)

Multi-agency partnerships

Use of noise monitoring equipment

Good neighbour agreements 13.2 It may however to be inappropriate to use any of the early intervention tools for serious cases of ASB particularly where there has been actual or threats of violence in these cases SARH will immediately consider legal remedies. 14. Provision of support to Complainants, Victims and Witnesses 14.1 Witnesses are crucial to tackling nuisance and/or ASB, whether they are:-

Victims of nuisance and/or anti-social behaviour directed against them specifically or,

Customers who witness nuisance and/or anti-social behaviour directed against the community.

14.2 SARH will support complainants, victims and witnesses where there is a legitimate problem in which it is appropriate for it to be involved in resolving by:

Offering a variety of reporting channels which are as simple as possible; By dealing promptly with complaints; Keeping them informed of developments and progress with their complaint Consider referring them to appropriate support services or to other agencies

such as the Police, where possible and appropriate; Putting the safety and well being of witnesses first. Facilitation of transport and accompaniment/escort to court; Provision of support at court; Choice Based Lettings and associated Local Lettings Policies that are both

sympathetic and effective; Providing access to an emergency out of hours contact 24 hours a day; Obtaining counselling and advice in practical aspects of problems faced,

including on a voluntary basis from other residents who have had similar experiences (known as “Witness Support”).

Using Professional Witnesses where it is felt unsafe for a customer to give evidence or to support claims made by them

15. Support for Perpetrators of ASB

15.1 SARH will consider the vulnerability of perpetrators of ASB at the earliest opportunity and will work with the perpetrator and partners to ensure that they are offered appropriate support and guidance to enable to them to change their behaviours.

11

15.2 When considering legal action against a perpetrator SARH will where appropriate consider and investigate the inclusion of positive requirements within any orders they may request. 16. Revised ASB Toolkit 16.1 The ASB Crime and Policing Act 2014 has streamlined the toolkit to make it far easier for practioners to tackle ASB. 16.2 In September 2014 it was announced that there would be a delay in the commencement of Part 1 of the Act i.e. the Civil Injunction to allow for unavoidable and necessary amendments to be made to the Legal Aid, Sentencing and Punishment of Offenders Act 2012. It is anticipated that these changes will be complete by end of January 2015 at which point a date for implementation of Part 1 will be announced. 16.3 In the interim period registered providers can continue to use the Anti Social Behaviour Injunctions(ASBI’s) and Police and Local Authorities can continue to use Anti Social Behaviour Orders(ASBO’s). The remaining parts of the Act commenced on 20 October 2014. 16.4 The table below summarise the new toolkit

TOOL CRITERIA WHO CAN MAKE APPLICATION

WHICH COURT APPLICATION TO BE MADE

Civil Injunction (over 18’s)

Behaviour causing nuisance or annoyance to residential or non residential properties

Local Authority Police Registered Provider British Transport Police Environment Agency Health Authority

County Court

Civil Injunction (between 10 & 18)

Behaviour causing nuisance or annoyance to residential or non residential properties

Local Authority Police Registered Provider British Transport Police Environment Agency Health Authority

Youth Court

Criminal Behaviour Order (CBO) 10 years and over

Convicted of offence and: Caused harassment, alarm and distress and an order is needed to prevent further such behaviour

Police Criminal Courts

Demotion of Tenancy

Behaviour causing nuisance or annoyance to residential or non residential properties

Registered Provider County Court

Dispersal Powers 10 years and over

The presence or behaviour of an individual has caused harassment, alarm, distress, crime or disorder

Uniformed Constable or person with delegated power

None

Community Protection Behaviour causing Constable None

12

Notice 16 years and over

continuing or persistent detrimental effect on quality of life and is unreasonable

Local Authority Person with delegated powers

Public Spaces Protection Order

Activities in area have a detrimental effect on quality of life and are likely to continue

Local Authority None

Closure of Premises Notice

Where the use of a premise has or is likely to result in nuisance or disorder

Local Authority Police

Magistrates Court

Closure or Premises Order

Where there is disorderly, offensive or criminal behaviour at a property. Or the use of a property resulted in serious nuisance, or disorder neat the property and the order is necessary to prevent behaviour continuing, reoccurring or occurring

Local Authority Police

Magistrates Court

Absolute Possession Mandatory ground for possession where ASB or criminality has already been proven by another court

Registered Provider County Court

16.5 In addition to the above the following ensure that Partnerships put Victims First: 16.6 Community Remedy The Community Remedy gives victims a say in the out-of-court punishment for perpetrators of low level crime and ASB. 16.7 Staffordshire Police and Crime Commissioner has consulted with members of the community and community representatives to develop a local menu of punitive, reparative or rehabilitative actions. The Community Remedy document can be accessed on the following link http://www.staffordshire-pcc.gov.uk/wp-content/uploads/2014/09/Community-Remedy.pdf 16.8 The Community Remedy will be used by Police Officers. Other investigating officers including Police Community Support Officers can also be designated by their Chief Constable for certain offences. 16.9 Where a perpetrator admits to an incident the Police Officer or designated person will provide victims of ASB the Community Remedy document to enable to victim to select what they consider to be the most appropriate sanction/action. 16.10 Community Trigger The Community Trigger gives victims and communities the right to request a review of their case and bring agencies together to take a joined up, problem solving approach to find a solution. The threshold for Community Trigger is set locally.

13

Within Staffordshire the threshold for the trigger is 3 reported incidents of ASB in the last 6 months with the most recent reported incident occurring within the last month. When a request to use the Community Trigger is received, agencies must decide whether the threshold has been met and communicate this to the victim; If the threshold is met, a case review will be undertaken by the partner agencies. Agencies will share information related to the case, review what action has previously been taken and decide whether additional actions are possible. All requests to use the Community Trigger will be logged by the receiving organisation on Staffordshire Police’s 101 line and the local Partnership Hubs will be the forums to assess if the trigger has been met and undertake any case reviews. The review encourages a problem-solving approach aimed at dealing with some of the most persistent, complex cases of anti-social behaviour; The victim is informed of the outcome of the review. Where further actions are necessary an action plan will be discussed with the victim, including timescales. 17. Legal action against Perpetrators 17.1 SARH recognises the importance of delivering a proportionate and flexible response to challenges that ASB presents. 17.2 Where Perpetrators of ASB do not change behaviours following partnership or early interventions or where the ASB is of a serious nature e.g. there has been actual or threats of violence SARH will have no hesitation in using legal action against them. The interventions available to Registered Providers are:

Civil Injunctions

Possession proceedings

Demotion Orders

S21 Proceedings - Where a tenant has an Assured Shorthold Tenancy with SARH, and has committed serious ASB or failed to change behaviour and continue to cause ASB within the first 12 months of the tenancy S21 Proceedings will be issued.

Absolute Ground for possession – where one or more of the 5 conditions below have been met and SARH consider that the effect on the wider community necessitates the tenancy to be brought to an end. The 5 conditions are :

1. Conviction of a serious offence by the tenant or person residing/visiting a SARH property

2. Breach an Injunction by the tenant or person residing/visiting a SARH property AND the order was obtained by SARH

3. Convicted of a Criminal Behaviour Order by the tenant or person residing/visiting a SARH property

4. SARH property has been subject to a closure order lasting more than 48 hours

14

5. Breach of an abatement notice for statutory nuisance or breach of a Court order to abate statutory nuisance by the Tenant or person residing/visiting a SARH property

17.3 The Neighbourhood Manager will sign off any referrals for legal action before Solicitors are instructed to ensure that all pre legal options have been considered and acted upon as appropriate 17.4 Where possession is being sought on the S21 or Absolute Ground there will be an opportunity for the tenant to request an internal review the process of which is set out in the ASB procedure. 17.5 Where legal action is considered against a minor SARH will ensure that prior to commencing proceedings consultation has been made with the Youth Offending Service and that all relevant bodies or individuals have been informed unless the nature of the incident is of a serious nature and a without notice application is necessary to protect the victim. 18. Data Protection and Information Exchange 18.1 Whilst mindful of the requirements under the Data Protection Act 1998, it is clear that tackling ASB depends upon robust information exchange between all agencies (both statutory and non-statutory) involved. 18.2 SARH staff will work in accordance with its Data Protection Policy when sharing information. 18.3 Additionally SARH have signed up to One Staffordshire Information Sharing Protocol and will operate within its framework when sharing and disclosing information internally and with Partner Agencies. 19. Performance Measures and Targets 19.1 SARH will monitor performance by regular review of the following :

No of cases opened each month

No of customers contacted on time

Average time taken to close a case

Number of cases where legal action is required

% of cases resolved

Customer satisfaction feedback from complainants at case closure 20. Risk Management 20.1 Risk associated with this Policy shall be regulated through risk assessments completed by front line employees where necessary and close partnership working.

15

20.2 SARH will seek to provide agreeable solutions and interventions for all involved. 21. Communication 21.1 SARH will ensure this policy is communicated amongst its staff, customers, partner organisations and contractors working with SARH. Any feedback will be reviewed and amended accordingly and where necessary. 21.2 A copy of this policy will be stored and available on the SARH website, SARH Head Office and Stafford Shop. 22. Corporate Complaints 22.1 If during or following an investigation the complainant is unhappy with progress made or the outcome of the case, they will be referred to SARH’s Corporate Complaints Policy and Procedure. 23. Review of Policy 23.1 This policy will be reviewed annually or at any time regulation or legislation changes. 23.2 This policy is also subject to an Equality Assessment (EA) which is detailed as Appendix 1 which will be reviewed annually to take into account any changes to the policy. 24. Associated SARH Policies

SARH – Criminal Records and Security Clearance

SARH – Code of Conduct Policy

SARH – Equality and Diversity Strategy

SARH – Data Protection Policy

SARH – Safeguarding Vulnerable Adults Policy

SARH – Safeguarding Children Policy

SARH – Asset Management Policy

SARH – Potentially Challenging Customer Policy

SARH – Allocations and Local Lettings Policies