Procedure for dealing with Antisocial Behaviour (tenant version)

Acronyms

The following acronyms are used in this document:

• ASB: Antisocial Behaviour
• NFS: NFS Assessment - an assessment/mediation provider (Assessment)

Aims

Southampton City Council aims to create safe and secure neighbourhoods where people want to live and respect each other. We believe that our tenants, leaseholders, and other residents have the right to quiet enjoyment of their home, free from any antisocial behaviour.

This procedure explains to tenants how Housing will prevent and deal effectively with ASB reports.

• We aim to encourage people to discuss nuisance with their neighbour initially as this can resolve many issues and stop them escalating.
• We will work closely with the Police and other agencies to prevent and reduce ASB.
• We aim to educate and empower residents to understand that neighbours may not choose the same lifestyle, but that does not in itself constitute a nuisance. In society there is room enough for everyone, providing tolerance is exercised.
• It is aimed at providing support to victims & vulnerable tenants in order to sustain tenancies.
• It shows the range of tools we have to help deal with ASB and when they can be used.
• It emphasises the need to act swiftly to prevent nuisance escalating.
• We acknowledge the importance of keeping in contact with the complainant as to the progress with their complaint and to be honest with them regarding the solutions available.
• This procedure stresses the need to consider the vulnerabilities of both the complainant and the alleged perpetrator endeavouring to secure appropriate support where necessary.
• As each case of ASB is different and needs to be judged on its own merits, there can never be a “one-size fits all” solution. This procedure is designed to provide a framework to support tackling ASB problems and advice on a number of non-legal and legal actions that can be taken at each stage.

Further information can be found in the council’s ASB policy.

Timescales for dealing with cases

To go into each case with an open mind and not to appoint guilt, we will call the person making the report as Party One and the person who the report is about as Party Two.

• In urgent ASB cases an interview with Party One should be arranged within 1 working day and an Action Plan completed.
• All referrals to NFS (including the posting of the appropriate letter to Party Two) should be made within 24hours of agreement with Party One to this course of action.
• If the case is referred to NFS, a response from the assessor should be received within fifteen working days;
• If the assessment by NFS has not resolved the issue, and the case is a standard pass back to the housing office, Party One should be contacted to arrange an Action Plan meeting within seven working days;
• Updates on cases should be completed as agreed with Party One but no less than on a four-weekly basis dependant on the individual case.

If, after initial investigation, it is clear that we cannot take any action, this outcome will be explained to Party One sooner rather than later.

When reporting ASB, staff will gather as much information about the incident as possible.

Does the complaint meet the council’s definition of ASB?

Some reports will be about issues that are due to different lifestyles or every-day living situations which are not intended to cause nuisance. These will not be generally considered as ASB.

When considering whether something is unreasonable the following factors will be considered:

• The frequency of the problem – we are unlikely to consider something as ASB if it is a one-off incident unless it is particularly serious.
• How long each incident lasts and/or the times of day that an incident occurs.
• The impact upon the victim(s).
• The intention of the alleged perpetrator and whether they mean to cause harm.
• If the person experiencing the reported issue has any vulnerabilities.

In the list below are examples of which issues are, or are not, considered ASB:

Not usually considered ASB

Normal household noise, such as:

• Noise from household appliances in sociable hours,
• Children playing inside,
• Children crying,
• Dogs barking,
• Occasional door slamming,
• Toilets flushing,
• Sexualised noises,
• DIY within sociable hours
• One-off parties, including BBQs
• Smells from cooking
• Noisy plumbing or appliances
• Noise at low levels/ one off party or visitors inside of regular hours
• Minor behavioural irritations – such as ‘dirty looks’, ‘staring’, or ‘non abusive’ comment
• Misuse of CCTV (inc. ring doors bell)

Considered ASB

• Actual violence against people and property including threats of violence
• Intimidation and harassment of individuals
• Aggressive and threatening language and gestures, both verbal or written
• Hate related abuse or harassment in any form against members of identified groups because of their perceived differences (such as race, ethnicity, religion and sexual orientation)
• Use of the home for unlawful purposes (such as supply of drugs, storing stolen goods or prostitution)
• Noise nuisance (such as persistent and unacceptable levels of noise such as loud TVs, stereos, and noisy parties).
• Do anything which causes nuisance, annoyance, disturbance, harassment or threats to our staff, contractors, or councillors

Reports that are not considered as ASB can still be referred for assessment as the process can bring about understanding and a change in behaviour. However if assessment is unsuccessful, it is unlikely that any further action will be possible.

Categorising urgent and non-urgent cases

Urgent cases will usually be those which involve actual or threatened violence to individuals, or a risk of significant harm, or imminent risk to life or property, for example:

• Threatening behaviour or violent conduct
• Assaults
• Arson
• Hate Crime

Urgent cases will be dealt with by the housing office and/or Police as appropriate and Party One will be contacted within 1 working day to complete an ASB/Witness Risk Assessment and develop an Action Plan.

Non-urgent cases will be referred to NFS to be assessed.

Depending on the circumstances we may need to make other agencies aware such as Police, Children’s or Adult Services.

If the report is a repeat of an incident which have previously been responded to and actioned and there has been no change, then Party One should be informed that no further action will be taken and offer any appropriate advice.

If an ASB report is made anonymously, there is limited action we can take.

If a noise report is made where domestic abuse is suspected the complainant is encouraged to phone the police. The report will also be dealt with by the Housing Officer in line with the council’s Domestic Abuse Procedure.

While every effort will be made to keep Party One’s details confidential, in some situations it might be obvious who has made the complaint. In serious cases it may be necessary to consider offering additional security measures as appropriate.

Non-Urgent Cases – Referring to NFS

NFS aims to make its service accessible to as many individuals as possible and will take referrals from those with mental health issues and/or substance misuse. The exception would be if these issues were severe enough to prevent the individual from engaging with the service or create significant risk issues for them. NFS will also interview people with their support workers present.

Some cases are not suitable for referral to NFS including cases where:

• URGENT cases requiring immediate action by the police or the Council -usually involving violence or threat of violence.
• Party Two cannot be traced.
• Party One does not currently wish for any further action.
• Cases where there has been violence or the threat of violence by one party.
• Cases where criminal proceedings are ongoing.
• The complaints involve groups of young people in the general community (these cases will be referred to the Partnership Action Group).

Repeat Complaints

If further complaints are received at the Housing Office after a case has been closed, the case will be reviewed which will include:

• Re-reading the assessment report and implementing any secondary plan, if appropriate.
• If the matter is not suitable for a repeat referral, or there is insufficient evidence and/or the nature of the complaint has not changed, mediation can be considered. If a re-referral is not appropriate, we will advise Party One that no further action can be taken and why that is the case. They may be able to take their own private action and that they need to seek independent legal advice. This will be confirmed in writing.

Referring a Case to NFS

Party One should be reassured that NFS’s independent and impartial Assessment Service will come out to their homes individually and discuss the situation with the parties separately and consider the options open to them. One of these options is mediation.

Party One must give their consent if they wish the case to be referred to NFS. They must also agree to NFS contacting Party Two but they will not divulge who has complained or the nature of the complaint until they have spoken with the Party One and have their permission to share. Parties can remain anonymous.

Letters will be sent out to both parties within 24 hours letting them know that NFS will be contacting them.

If Party One does not want to engage with NFS they will be advised of alternative available options i.e. private legal action and taking their own independent legal advice. It may be that no further action can be taken by the Housing Office. They will be advised to contact the Housing Office if circumstances change and the ASB continues. The case will be closed and a letter sent to confirm this.

NFS - What Happens Next?

NFS will email the referring Housing Officer within three working days to confirm the referral. If no email has been received within five working days they will contact NFS to make sure that they have received the referral.

The guidelines which NFS work to are that:

• Within two working days of receiving the referral NFS will send both parties their introductory letter explaining more about their service.
• Within five to ten working days both parties will be contacted direct and appointments/visits made for one or both parties
• Within ten to fifteen working days both parties will have been visited/engaged and a full assessment of the case undertaken. A full report will be emailed back to the Housing Office outlining recommendations for further action or otherwise.
• If it is a case that requires further action then this will be highlighted to be monitored.

NFS Cases

The feedback report by NFS will include:

• How each party feels about the issues presented
• When the parties believe that situation began
• Whether anyone else has been involved
• What strategies have been discussed
• What strategies have been agreed
• What the parties would like to see happen next

The assessor will highlight any known or suspected vulnerability issues including details of any agencies who are providing support. The full report will not be shared with either party.
NFS use four outcome summaries when returning cases:

Outcome 1) Pass Back for Further Action

These will be cases where NFS agree that there is likely to be ASB and/or believe there is a high chance of escalation.

The Housing Officer will send the appropriate letter arranging to interview Party One to agree an Action Plan and complete an ASB Victim/Witness Risk Assessment. This should be done within 3 working days of the case being passed back.

If the case is returned from NFS for further action involving a private tenant, the housing office must contact both the leaseholder and the leaseholder’s tenant. The leaseholder should be informed of the situation and what action has been taken to that point. The leaseholder must be made aware that they are responsible for resolving the issue.

Outcome 2) Pass Back for Further Action – Party Two Non-Engagement

These are cases where NFS have been unable to engage with Party Two following two pre-arranged visits and the case has been passed back for further action by Housing Services. These cases will only be passed back where it had been assessed that it meets our definition of ASB. The only exceptions are where it is felt there is a real and imminent risk of escalation and/or a level of vulnerability leading to a significant safeguarding issue.

• The Housing Officer will contact Party One to confirm the dispute is ongoing and that further action is required. If no further action is required, the case should be formally closed.
• If Party One confirms ongoing ASB, the Housing Officer should complete an ASB Victim/Witness Assessment and an Action plan.

Outcome 3) Mediation – No Further Action at this Time

The referred parties have agreed to a full face to face mediation. This process is confidential and written details, other than a general outcome of the meeting, will not be fed back without the explicit consent of all parties concerned.

NFS will offer 3 months appropriate support to both parties.

If, for whatever reason, the agreed face to face meeting does not take place, or is not successful, the Housing Officer will refer to the secondary plan if further issues arise.

Outcome 4): No Further Action

Reasons for this include:

• The case is resolved / managed and both parties agree outcome.
• The case is a ‘One on One’ lifestyle and/or personality driven dispute and both parties have been advised of appropriate strategies to manage the dispute (including mediation) or gather evidence and informed that there is currently no role for the Housing Office.
• A party has acknowledged their behaviour in the ASB and/or dispute but has given assurances that they will change the behaviour for which they are responsible.
• Party One has been visited but the situation has improved, and they do not wish to pursue their complaint at this time.
• Party One was not in for their pre-arranged appointment and did not respond to the Assessment letter offering the opportunity to make another appointment within a seven-day period.

In all these instances the case will be closed and confirmed in writing.

Every case returned as ‘no further action’ will also be supported by a ‘secondary plan’ detailing what should happen if the problems continue. Once the case has been closed should further complaints be received the Housing Office should refer to the secondary plan.

Urgent Cases

These cases are not suitable for referral to NFS and require the Housing Officer to complete an ASB Victim/Witness Risk Assessment and develop an Action Plan from the outset. The Housing Officer should contact Party One within 1 working day of the report being received.

In high risk or high harm cases the Housing Officer should seek guidance from management. It may be that further investigation is required, or formal legal remedies are required to keep the person safe. The outcome of any initial enquires should be discussed with the person at the Action Plan meeting.

When developing an Action Plan with Party One, we will consider the following:

• The safety of Party One which may mean offering temporary or permanent rehousing
• Whether security features should be installed at the property such as an alarm system (in consultation with the Police), CCTV, secure letter boxes and security chains.
• Legal action must be considered at the earliest opportunity. In very serious cases an injunction may be appropriate.
• If a criminal offence has been committed the Police should be contacted with the permission of Party One (if there are serious safeguarding concerns we have to contact the Police regardless).
• The Housing Officer will also inform Party One of any agencies who can offer additional emotional or practical support e.g. Victim Care Service/Victim Support and make appropriate referrals with the consent of Party One.

ASB Victim/Witness Risk Assessments

The Victim/Witness Risk Assessment is used to assess the risk of harm to Party One and to ensure any potential vulnerabilities are considered when completing the Action Plan with them.

Action Plans

The Action Plan is used to tailor support to the individual complainant and manage expectations so that Party One is aware of timescales and likely outcomes. In the case of NFS ‘Pass Back’ cases, the Housing Officer will have contacted Party One and arranged an interview. In urgent cases the Housing Officer will complete the Action Plan at the first interview with Party One.

When developing an Action Plan with Party One, the Housing Officer will:

• Refer to the completed ASB Victim/Witness Risk Assessment and any action(s) that had highlighted based on the identified level of risk.
• Check for information on the NFS report regarding support needs for vulnerabilities or any suggestions for further action.
• Consider whether additional security features should be installed.
• Consider whether legal action is required – e.g. in very serious cases an injunction may be appropriate in which case Legal Services must be contacted as soon as possible
• Inform Party One of any agencies who can offer additional emotional or practical support and make appropriate referrals with the consent of Party One.

Each Action Plan should include:

• The name of the Housing Officer and contact details.
• Dates to review the case and evidence with Party One.
• Frequency and type of any contact to be made before review.
• Action that will be taken by the Housing Officer– this should be a short list of broad actions which could include:
  
  • Interviewing the other party,
  • contacting the Police for supporting evidence,
  • contact with the neighbours / completing an ASB perception survey,
  • use of Acceptable Behaviour Contacts, Good Neighbour Agreements, warning letters,
  • arranging a multi-agency meeting,
  • referring the perpetrator to relevant support services,
  • referring to Environmental Health, arranging for Party One to use the Noise App etc.
• Actions Agreed to be taken by Party One, for example:
  
  • Complete incident diary sheets,
  • reporting incidents to the Police,
  • report noise nuisance incidents to Environmental Health etc

When discussing the Action Plan, the Housing Officer should establish realistic expectations around the Council’s role and what action can be taken, as well as ensuring other agencies are involved as soon as they are needed.

We will also consider whether Party One is being intimidated or is vulnerable and whether any special measures are required – this will be informed by the completion of the ASB Victim Risk Assessment.

The Action Plan should be agreed with Party One.

Interviewing the Alleged Perpetrator

Before contacting Party Two, we will ensure that we have advised and agreed with Party One that this is the course of action being taken. When arranging to interview we will also consider:

• Any support needs or vulnerability issues and consider inviting any support workers or making appropriate referrals at the interview.
• Party Two may be upset or angry about the accusation so consideration should be made as to whether two officers need to attend and/or if the interview needs to be undertaken at the office.
• Remember the accusation may be false and/or malicious.
• When conducting a warning interview with Party Two we will give them a general account of the allegations we have received.
• Tell Party Two that the behaviour alleged is not acceptable and must stop immediately.
• Tell Party Two legal action can be taken against ASB and give details of what constitutes ASB from the tenancy agreement.
• Ask Party Two for their response.

After the Interview:

• Confirm what happened at the interview in writing to Party Two.
• Update Party One as appropriate.
• Manage any counter allegations.
• Make any further investigations as appropriate.
• Make any support referrals as necessary.

Updates

If the reported ASB continues the Housing Officer will need to keep Party One updated via regular Action Plan reviews. The purpose of updates are to:

• Help reassure Party One that their case is being dealt with. Even if little has changed, regular contact helps to reassure them that the case is still open, and action is being taken.
• Help enable the Housing Officer to gauge the extent of the ASB and to check that the Action Plan is being followed and is relevant.

The Housing Officer will agree as part of the Action Plan how often they will contact Party One. This should be a minimum of 4 weekly dependant on the individual case. Updates should be done by the method agreed in the Action Plan.

The review should confirm if the actions have been completed. Review any evidence gained from log sheets, partner agencies or Noise App etc. The Housing Officer should provide direct feedback on the logs and be clear on what action can be taken.

Housing Officer Review Outcomes

1) Situation has improved or insufficient evidence

If after reviewing the case, the situation has improved or the situation is unlikely to change, the Housing Officer should consider alternative options before discussing closing the case. This could include a referral for mediation, self-help options or private action/solicitors.

Examples might include:

• logs do not show a persistence or unreasonable noise
• Party One has not provided sufficient logs or evidence of Anti-Social Behaviour
• further information suggests the report has been resolved or will be resolved by the agreed intervention.

2) More Evidence is required

If after reviewing the case more evidence is required, the Housing Officer should consider whether further interventions are needed, for example by use of the Noise App, referring the case to Environmental Health, other informal tenancy action or whether more formal tenancy action is required. The Action Plan should be updated with the updated actions and a new review date set.

3) ASB Proven to a Balance of Probabilities

If after reviewing the information and, on balance, there is evidence of a breach of tenancy then the Housing Officer should discuss the step with management and consideration should be given to whether more formal action should be used. Examples might be:

• referral to a Housing Complex Case Panel or a Multi-Agency Risk Meeting
• a referral to legal services for immediate tenancy action such as an injunction or a Notice of Seeking Possession.
• a further warning letter.

The outcome of the review meeting should be fed back to Party One. The case should continue to be reviewed at least every 28 days. The Housing Officer should not prolong the case by continuing extending monitoring. Cases should be reviewed to either progress to proving the ASB and if not, the case should be de-escalated via the use of non-legal tools and closed.

Party One Does Not Respond

If Party One does not respond to an Action Plan interview or a Review Meeting request, the Housing Officer should write confirming that they intend to close the case if no contact is made. If the there is no response to this letter, then the case will be closed.

Keeping Party Two informed

The Housing Officer should also keep Party Two informed at all stages (subject to consent from Party One). As part of this approach, the Housing Officer should consider how they can support vulnerable perpetrators of ASB to help them to sustain their tenancy.

Cases will be closed in the following circumstances

When the case is resolved after investigation and discussion with Party One, in the view of the Housing Officer the ASB has been resolved or is no longer cause for concern, or after investigation there has been no breach of tenancy or evidence of ASB.

Cases will also be closed when they are unresolved and no further action is possible, when:

• there have been no reports of ASB for 3 months from the last report but no evidence that the ASB case has been resolved.
• Party One has not made contact when requested or has not supplied information that has been requested by the Housing Officer.

In all cases the Housing Officer should ensure Party One is informed of the decision and reasons for it before sending a closure letter in writing confirming the outcome and including any strategies they should use if the issues restart.

In all cases the Housing Officer should send a closure letter to Party Two in writing confirming the outcomes of the report and include any strategies Party Two should use to avoid further reports.