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Cotman Anti-Social Behaviour Policy and Procedure Page 1 of 13
ANTI-SOCIAL BEHAVIOUR
Policy and Procedure
Version 1 Issue Date March 2016
Author Support and Tenancy
Services Manager
Board of Management
approval:
For consideration at
BoM/2/16 25th
April
2016
Approved by Head of Service Delivery
March 2016
Review due: 31 Mar 2019
Cotman Anti-Social Behaviour Policy and Procedure Page 2 of 13
Strategy/Policy Control Statement
1 Document Title Anti-Social Behaviour Policy & Procedure
2 Date of Document March 2016
3 Service Lead Jameel Malik
4 Author Nicky Galwey-Woolston
5
Date Approved and approved
by who i.e. National Customer
Board, Service Delivery Project
Board, Executive, Group Board,
etc.
Cotman Board of Management
25th
April 2016
6 Date last reviewed June 2013
7 Amendment record Policy rewritten as out of date
8 Next review date March-2019
9 Staff Consultation Tenancy Services Team
10 Other Services Consultation RMG – March 2016
11 Customer Consultation
12
Equality Impact Assessment:
insert priority as agreed with
E/D team, insert start date,
completion date and published
date. Insert date copy of EIA
sent to E/D team.
EIA to E/D team on 1.4.16
Medium priority agreed
Completed 6.4.16
13
Confirm that document meets
current legislative requirements Yes
14
Confirm that VFM implications
have been assessed Yes
15 Further Information/Comments n/a
16
Sign off of statement by Author
and Service Lead: name and
date
Nicky Galwey-Woolston
Date: March 2016
Jameel Malik
Date: March 2016
Cotman Anti-Social Behaviour Policy and Procedure Page 3 of 13
1. INTRODUCTION
1.1 All registered providers in England and Wales are required to prepare and publish
policies and procedures in relation to anti-social behaviour (s218A Anti-Social Behaviour Act
2003). The duty is threefold:
 to publish a policy statement
 to publish a statement of procedure; and
 to publish a summary of the policy and procedure
1.2 Cotman is committed to ensuring that we not only comply with this duty but that our
neighbourhoods are safe and welcoming places to live. This policy will apply to Cotman
customers or any other person affected by our customers behaviour.
1.3 Our aim is to prevent anti-social behaviour before it starts, intervene appropriately
where we can and enforce tenancy conditions when required to prevent on-going anti-social
behaviour.
2. POLICY STATEMENT
2.1 At Cotman, we know that anti-social behaviour is one of the most important issues
affecting customer enjoyment of their home and surroundings. It can seriously damage
quality of life and have a negative impact on neighbourhoods and communities.
2.2 We recognise the right of Cotman customers and others living in our neighbourhoods
to live in their home and community free from the effects of unacceptable nuisance, anti-
social behaviour, harassment and racial harassment.
2.3 We aim to:
 manage our housing effectively to prevent anti-social behaviour happening
 maintain neighbourhoods of choice to encourage customers to take pride in their
environment
 ensure that customers are aware of their tenancy obligations
 take appropriate action where there is evidence that tenancy conditions have been
breached and that this has adversely affected the quality of life of others.
2.4 Places for People, of which Cotman Housing is part, has signed up to the Respect
ASB Charter for Housing and in doing so made commitments to ensure that we give the best
possible service when dealing with anti-social behaviour. We comply with regulatory
practice and keep up to date with case law. We are members of local forums of social
landlords.
2.5 We will
 demonstrate leadership, commitment and accountability on preventing and tackling
anti-social behaviour that reflects a shared understanding of responsibilities with
other agencies
 investigate all reports of anti-social behaviour whether those responsible are
customers, homeowners, their families, friends or visitors to intervene swiftly, take
appropriate and decisive action before the anti-social behaviour escalates
 maintain regular contact with witnesses to keep them up to date with the action we
are taking and provide tailored support to witnesses as necessary
Cotman Anti-Social Behaviour Policy and Procedure Page 4 of 13
 record and monitor incidents of anti-social behaviour on the ReAct case
management recording system
 encourage tolerance by trying to balance the needs of individuals with those of their
neighbours (activities that result from different lifestyles, or which most people
would think reasonable, are not anti-social behaviour)
 encourage and support neighbours to try and resolve their problems by taking part
in a face to face restorative meeting
 employ the services of independent trained mediators subject to the approval of the
Support and Tenancy Services Manager
 implement, strengthen and support preventative measures tailored towards the
needs of customers and their families
 work to ensure that our anti-social behaviour service is accessible and useful to
every individual. We will ensure that information and guidance is accessible to all
groups and be aware and sensitive to the issues that customers may experience in
reporting anti-social behaviour and for example, provide for interpreters and accept
reports of anti-social behaviour online, by email and via social media.
 Develop an action plan based on this policy which will include how we will publicise
our approach to anti-social behaviour to encourage customers to come forward at
an early stage, pro-active approaches such as telephone surveys of customers
throughout the year to check for any problems on estates.
 set staff clear and challenging targets for improving performance and continually
review the way we manage anti-social behaviour.
 ensure our staff are properly trained and understand our policy and procedure.
Further details of staff training and upskilling for specialist roles in Tenancy Services
will be included in our action plan. This will include details of legal action that
officers will be trained to undertake in-house.
2.6 This statement is supported by separate associated Cotman and Places for People
Group policies entitled:
 Policy and Procedure on the use of starter tenancies
 Community Safety Policy
 Absolute Possession Policy
 Support for Witnesses and Victims Policy
 Partnership Working and Information Sharing Policy
 Domestic Abuse Policy
 Hate Crime Policy
 Vulnerable Customer Policy
 Equality and Diversity Policy
3. WHAT IS ANTI-SOCIAL BEHAVIOUR?
3.1 Anti-social behaviour is any activity that impacts on other people in a negative way
and interferes with a person’s right to live peacefully in his/her home and in the surrounding
area. Different people may be distressed or alarmed by different types of behaviour and
activity. We will not always get involved in everything that is reported to us as causing a
nuisance. Whether or not we consider an activity to be anti-social will depend on a number of
things, including how severely it is affecting others, how regularly it is happening, and
whether the behaviour is considered unreasonable. The impact of anti-social behaviour upon
others is important in assessing the response to the anti-social behaviour being reported.
Each case will be considered individually.
Cotman Anti-Social Behaviour Policy and Procedure Page 5 of 13
Legal Definitions
3.2 The Housing Act 1988 Ground 14 states:
The tenant or a person residing in or visiting the dwelling house –
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a
person residing, visiting or otherwise engaging in a lawful activity in the locality, has
been guilty of conduct causing or likely to cause a nuisance or annoyance to the
landlord of the dwelling-house, or a person employed (whether or not by the
landlord) in connection with the exercise of the landlord's housing management
functions, and that is directly or indirectly related to or affects those functions, or
(b) has been convicted of -
(i) Using the dwelling house or allowing it to be used for immoral or
or illegal purposes, or
(ii) an indictable offence committed in, or in the locality of, the
dwelling house.
3.3 Section 1(1) of the Crime and Disorder Act 1998 defines anti-social behaviour as
‘acting in an anti-social manner, that is to say, in a manner that caused or was likely to cause
harassment, alarm or distress to one or more persons not of the same household as himself’.
3.4 The Anti-Social Behaviour Crime and Policing Act 2014 has expanded on this as
follows:
 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, or
 Conduct capable of causing housing related nuisance or annoyance to any person
3.5 This covers a wide range of activities including:
 violence or threats of violence
 hate crime and harassment
 using the premises for any immoral, criminal or illegal purposes or being convicted
of a criminal/unlawful offence in the local area
 noise nuisance
 verbal abuse
 damage to property/vandalism
 nuisance from vehicles
 pets causing a nuisance
 intimidation
 drug abuse
 domestic violence or abuse
 alcohol or solvent abuse
 rubbish, fly-tipping and untidy gardens
 nuisance involving children or teenagers
 graffiti
 noise and disruption caused by visitors to the home
 “mate crime”
 Inconsiderate or illegal parking
 car repairs that disrupt others in the neighbourhood
 illegal smoking in communal areas
Cotman Anti-Social Behaviour Policy and Procedure Page 6 of 13
3.6 Incidents that relate to Domestic Noise are not classed as anti-social behaviour and
include such issues as:-
 banging doors
 footsteps from adjoining properties and/or communal areas
 noise of children running or playing
 loud talking from adjoining properties and/or communal areas
 low level noise from TVs, radios or music devices
 noise from washing machines, vacuum cleaners other domestic appliances
 one off parties or festival/events - such as bonfire night
 DIY at reasonable hours
 running up and down stairs
3.7 In such circumstances we expect customers to show tolerance and understanding
towards their neighbours.
3.8 We assist customers to resolve disputes with their neighbours. We only take formal
action if we are satisfied that evidence can demonstrate that an individual or individuals have
acted in an anti-social manner
4. OUR ROLE IN TACKLING ANTI-SOCIAL BEHAVIOUR
4.1 Our main aim is to respond to anti-social behaviour cases promptly and
professionally.
Our Service Standards
4.2 We will:
 contact the person who reported an incident within one working day to discuss the
anti-social behaviour for cases which involve the use or threat of use of violence or
hate crime, or where emergency services are involved.
 contact the person who reported an incident within three working days to discuss
the anti-social behaviour for all other cases
 keep the person who reported the incident updated on the progress of the case in
the way we agreed with him/her
 write to or email a witness when a case is closed enclosing a customer satisfaction
form asking for feedback on how we managed the anti-social behaviour case
 Offer the option of completing the customer satisfaction form on the phone
4.3 If the anti-social behaviour happens over a weekend or bank holiday, our Customer
Service Centre will give practical advice, including recommending calling statutory agencies,
and will report the incident the to the appropriate Tenancy Services Officer or the Tenancy
Services Team Leader. The Customer Service Centre have available telephone contact
details for all senior staff at Cotman, including the Support and Tenancy Services Manager, in
cases that require immediate intervention by a member of staff.
Partnership working
4.4 In order to be effective in tackling anti-social behaviour and sustain long term
solutions we work in partnership with other agencies at a strategic and an
operational/neighbourhood level. These range from wide reaching strategic partnerships
covering a large local authority area with multiple partners to formal partnerships developed
at a local level to provide support to individual perpetrators.
Cotman Anti-Social Behaviour Policy and Procedure Page 7 of 13
Community Trigger
4.5 We will support and work with local authority areas in delivering their obligations to
provide ASB Reviews (Community Trigger) in accordance with Part 6 of the Ant-social
Behaviour, Crime and Policing Act 2014. 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 and problem solving approach to find a solution. We will share and disclose
information in accordance to Data Protection protocols and work within the timescales set by
individual local authorities. We will play a full part in finding a solution and consider any
recommendations made by local authority community trigger panels.
Working with customers
4.6 We consult, listen to and take on board what our customers are saying through our
Residents Associations, customer groups, social media, customer champions, surveys,
profiling, customer conferences and Cotman Voices. We also work with the Business
Excellence Team to conduct reviews of our service using customer Reality Checkers and
Service Review Panels.
5. CASEWORK PROCEDURE
Opening a case
5.1 Any person (a witness) can report an incident of anti-social behaviour by calling the
Customer Service Centre on 0845 850 9574 or direct to the Tenancy Services Team on
01603 731688 by email to tenancy.services@cotman-housing.org.uk. A witness can also
ask someone else to contact us on their behalf. A report can also be made in person to our
office. When a witness reports anti-social behaviour to us, our officers will respond in
accordance with our service standards. The case will be logged onto ReAct, a case
management recording system, and a response in writing will be sent to the witness
confirming the name and contact details of the officer who will be managing the case.
Identifying & Supporting Vulnerable Customers
5.2 We will carry out a risk assessment of the customer reporting an issue when opening
a case. The risk assessment aims to identify any vulnerability or support needs. Where these
are identified as being medium or high we will put in measures to support the customer and
alert other agencies, if appropriate. Where the customer or another involved individual or
agency (including the Cotman Officer dealing with the issue) feels the issue relates to hate
related harassment we will record it as such
Initial investigation
5.3 Most reports of anti-social behaviour are dealt with quickly without us having to
consider legal action. Except in serious cases, where urgent action might be needed as
quickly as possible, we use a step-by-step approach to dealing with anti-social behaviour.
5.4 We will ask the witness what has happened and try to get a full picture of events. We
will need to know who was involved and how the incident has affected the witness. What we
do next will depend on the type of case and the information we are given.
5.5 If the case does not involve threats, violence or serious harassment, we will suggest
that the witness talks to the person causing the problem about the anti-social behaviour
explaining the effect it is having upon him/her. We will advise the witness to do this in a polite
and reasonable manner.
Restorative face to face meeting
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5.6 If the witness does not feel comfortable approaching the person who caused the
problem him/herself we will be happy to try and arrange a restorative face to face meeting.
This is a form of mediation which does not dwell on the past but concentrates on how an
understanding can be reached between those affected so that their lives can be better in the
future. Alternatively, we have a budget for independent mediation services and will be happy
to make referrals to this. Referrals will usually be made after consultation with the
complainant, and following an internal staff case conference and authorisation from the
Tenancy Services Team Leader.
5.7 If a dispute involves allegations and counter allegations and as a result we are unable
to establish any facts our only option will be to offer neighbours a restorative face to face
meeting. If neighbours would prefer independent mediation we can arrange this too. If either
party declines these options, we are unlikely to be able to do anything further to help.
Confidentiality
5.8 If a witness who reports anti-social behaviour wishes to remain anonymous it may be
that limited or no action can be taken.
5.9 Any information given to us will be treated in confidence. In accordance with the Data
Protection Act and the Crime and Disorder Act 1988, it will not be passed to the person who
is named in the information without the permission of the person who gave the information.
With the victim’s permission we will also share information with other agencies to provide
support for them and their family.
5.10 Some people give information anonymously. Whilst we will investigate this information
as far as we are able to, but we cannot advise the informant of the outcome of our
investigations, nor can we check any facts or responses from the perpetrator with them.
Interviewing the other party
5.11 In many cases we will need to speak to the other party usually at his/her home.
He/she may admit that they have acted in an anti-social manner and if so, they will be given a
verbal warning which will be followed up in writing. He/she might have been unaware of this
until we speak to him/her as the nuisance might not have been caused deliberately. In this
case advice will be given which will be followed up in writing.
5.12 If the other party does not admit to doing anything wrong and continues to cause
nuisance it is likely that we will need more evidence and we would need the witness to
complete an incident diary to record the incidents that he/she sees or hears. We will advise
how this form should be completed. If a witness has difficulty in completing the incident
diaries we will suggest other ways of recording the nuisance.
5.13 We might also need to collect other evidence such as photographs, video or
recordings of the incidents as they happen. We may also need to speak to other people who
have witnessed the incidents.
5.14 We have a range of powers at our disposal to deal with anti-social behaviour and we
will make use of these appropriately by using the action that is reasonable, proportionate and
most likely to produce an effective solution. In the most serious cases enforcement action
may be taken. More detail on legal remedies are set out below in section on enforcement.
Closing the case
5.15 We will close an anti-social behaviour case when:
 we believe we have resolved the problem or the problem has stopped
 we think that there is no case to investigate
 we believe the evidence does not warrant action
Cotman Anti-Social Behaviour Policy and Procedure Page 9 of 13
 the witness does not respond to us further to reporting an incident
5.16 We will record why the case has been closed and will write to tell the witness(es) that
we have closed the case and contact him/her with a questionnaire so that he/she can give us
their opinion about how we handled the case.
6. CUSTOMERS’ RESPONSIBILITIES
6.1 Our customers and the people they are responsible for – anyone (including children)
living in or visiting their home should comply with the obligations set out in the Tenancy
Agreement or in the Lease. The main clauses of our assured tenancy agreement relating to
anti-social behaviour include that they must:
 not do anything which may cause a nuisance to or may annoy or inconvenience or
disturb other people on that estate or neighbourhood, or their family or visitors, or
other tenants of the Landlord, or its employees, agents or contractors
 not harass, or threaten to harass or abuse or cause offence to any person because
of their race, gender, sexuality, physical/mental disability, religious beliefs,
employment or for other reasons
 not threaten or commit acts of domestic abuse on any members of the Tenant’s
household whilst in their home or neighbourhood
 not use controlled drugs and/or substances in the Premises unless they are
prescribed by a doctor
 not use or permit the Premises to be used for any illegal or immoral purpose
 not use threatening, violent, or aggressive language or behaviour towards other
persons at the Premises or towards any person in the locality of the Premises
 not engage in any conduct or activity likely to alarm employees, agents or
contractors of the Landlord or cause them to fear for their safety
 not use or allow record players, radios, tape recorders, televisions, CD players,
amplifiers, loud speakers or musical instruments or other equipment of any kind in a
way that will annoy other people, or so they can be heard outside the Premises
 keep any animal at the Premises (with written permission) under control at all times
and not allow it to behave in an aggressive manner, or cause a nuisance,
annoyance, disturbance, danger or injury to any person or animal in the
neighbourhood
 not carry out vehicle repairs (other than reasonable, minor repairs to his/her own
vehicles) or keep any un-roadworthy vehicle at or in the vicinity of the Premises
 not park vehicles on footpaths, grassed areas or cause an obstruction including
parking in front of a dropped kerb
 keep the garden, hedges and trees at the Premises in a tidy and manageable state
and not use the garden for dumping rubbish
 not damage or put graffiti on property
6.2 The precise terms of the tenancy agreement may vary between the different types of
tenancy.
Leaseholders and shared owners
6.3 Most of Cotman leasehold and shared ownership properties are now managed on
behalf of the Association by another Places for People company, RMG. However, they are
still subject to this policy and procedure and RMG will consult with Cotman where they
encounter anti-social behaviour that needs to be addressed.
6.4 When a leaseholder or shared owner reports an incident of anti-social behaviour by
another leaseholder, shared owner or a customer of a market rented property RMG will
Cotman Anti-Social Behaviour Policy and Procedure Page 10 of 13
consult with Cotman and, wherever possible, provide advice and guidance and will signpost
them to other agencies that have a statutory responsibility for dealing with anti-social
behaviour.
6.5 In the most serious cases of anti-social behaviour RMG may need to instruct solicitors
to take enforcement action against a leaseholder or shared owner and that individual will be
liable for any costs incurred.
6.6 Where a leaseholder or shared owner reports anti-social behaviour committed by one
of our rented customers, Cotman will follow our procedure for case work management.
7. PROTECTING OUR COMMUNITIES
7.1 We will aim to take a swift course of action appropriate to the severity of a case taking
into consideration the needs of the witness and the circumstances of the perpetrator and
strive to achieve a balance between prevention, early intervention, enforcement and support
actions in order to provide long term solutions.
Early intervention
7.2 We will act upon a report of anti-social behaviour swiftly in order to prevent it
escalating to a more serious level. Interventions we will use to try and resolve the anti-social
behaviour as quickly as possible include visits, warning letters, restorative meetings and
asking the perpetrator to agree to sign an Acceptable Behaviour Contract which sets out the
behaviour which will not be tolerated and the consequences of continuing anti-social
behaviour. We will encourage a parent to enter into a Parenting Contract where their child is
involved in anti-social behaviour and agree what is expected from them and the support we
and other agencies can offer. We will try to reduce the numbers of anti-social behaviour
cases being reported by producing and distributing literature to our customers which will give
advice on how to deal with low level anti-social behaviour e.g. noise and neighbour nuisance.
We will include a plan for publicity and leaflet review and distribution of information in
electronic and other formats in our action plan.
Preventative work
7.3 We will continue to build upon the preventative measures we have in place to reduce
the need for us to take enforcement action. This includes distributing guidance booklets, the
use of starter tenancies, sustainable lettings policies, exclusion policies and Good Neighbour
Agreements through to security improvements at design stage and beyond. We will continue
to get involved with initiatives and projects which promote community cohesion, provide
diversionary activities for young people and deliver support to address underlying problems.
7.4 We have developed a procedure for carrying out regular tenancy audits. This means
that we will be pro-actively contacting customers to check how they are managing their
tenancy, whether they are experiencing or perpetrating any anti-social behaviour and
following these visits up as appropriate to each individual case – for example making referrals
for support or opening anti-social behaviour cases. We have started the programme of
tenancy audits in February 2016 in areas where we know there to be issues in areas which
are geographically distant from our office and we have little contact from customers. Further
details about the plan for the tenancy audit programme will be included in the action plan.
Safeguarding vulnerable people
7.5 We provide accommodation for many vulnerable people and their families. Many of
these people are more susceptible to the effects of anti-social behaviour and it is important
that we identify such persons and ensure that partners/agencies we work with are aware of
these issues and where appropriate we will refer our customers to these agencies for
Cotman Anti-Social Behaviour Policy and Procedure Page 11 of 13
support. Recognising the importance of delivering a sensitive service to vulnerable persons
we have separate polices on Domestic Abuse, Hate Crime and Vulnerable Customers.
Support for witnesses and victims
7.6 We understand that standing up to perpetrators can be stressful and we will keep
witnesses informed of action we take and maintain regular contact with them. We will tailor
support to an individual witness’ needs if we feel that a person needs more tailored support
we will discuss what support we can provide. We have a separate ‘Support for Witnesses
and Victims Policy’ which explains what we will do.
Support to the perpetrator(s) to change behaviour
7.7 Often there may be significant underlying problems which contribute to a person
causing anti-social behaviour, such as abuse or neglect, alcohol and drug misuse or physical
and mental problems. If we think a perpetrator might have a problem of this kind we may
work with other agencies or make referrals to other agencies which can provide support that
will help prevent the behaviour. If a household displays challenging behaviour and needs
intensive support we will refer the household to a Family Intervention Project if these are in
place. However, if the anti-social behaviour continues once supportive actions have been put
in place, we may have to take enforcement action through the Courts.
7.8 In 2016, we have brought our Tenancy Services and Support Services teams together
under one Support and Tenancy Services Manager. The aim of this is to ensure that
expertise regarding housing related support and social care as well as tenancy enforcement
is shared throughout the team. This approach is intended to ensure that all officers are
aware of all the tools they have at their disposal for tenancy sustainment.
8. ENFORCEMENT
8.1 We will warn those responsible for anti-social behaviour about their behaviour and ask
them to stop it immediately and in the vast majority of cases we do not need to take
enforcement action. When enforcement action becomes necessary we will use the
appropriate tool available to us. There are a range of legal powers for tackling anti-social
behaviour which we can use on our own, primarily through the County Courts. Enforcement
measures directly available to us include:
Injunction Order
8.2 Injunctions are orders which are made at the Court’s discretion. They are generally
granted to prohibit a person aged 18 or over from carrying out a particular act or to require
them to do something. If the person disobeys the Injunction Order, they could be fined or
sent to prison. We can take this action against anyone living in or visiting our estates, even if
they are not our customer.
Starter Tenancies
8.3 We believe Starter Tenancies are a useful tool to ensure that new customers do not
adversely affect community cohesion by behaviour which is unacceptable. We liaise with
new customers closely to address any support needs. Our Tenancy Services Officers carry
out at least two visits in the first year to monitor conduct and help people attain expected
conduct of tenancy. Our intention is always to work with customers so that we are able to
convert tenancies to full assured tenancies on the first anniversary of the commencement of
tenancies. In rare cases, we seek to extend tenancies where we have concerns about
conduct or seek to end them where we believe there is an overwhelming reason to do so. In
such cases, we allow the customer a right of appeal prior to taking formal legal action. This
involves the tenant making a submission in writing, or if there are literacy issues, verbally to
a note taker. This submission, with the case notes and tenancy documents, will be reviewed
Cotman Anti-Social Behaviour Policy and Procedure Page 12 of 13
by a manager who has not been involved in the decision to extend or end the tenancy. This
manager will make a recommendation and the final decision will be with the Head of Service
Delivery. Further details of this will be set out in the action plan.
Assured and Secure Tenancies- Possession Order
8.4 As the Landlord, we can ask the County Court for an Order for Possession of a
property if the customer or members of their family or friends are behaving anti socially or
causing harassment. We will exhaust all alternatives and remedies available to us to address
the anti-social behaviour and its causes before resorting to possession proceedings and
asking the Court for an eviction.
8.5 The Anti-Social Behaviour, Crime and Policing Act 2014 has introduced a new
absolute ground for possession for secure and assured tenancies. Under this new ground for
possession the court must make an order for possession if any of the following conditions is
met for a tenant, or a person residing or visiting the property:
 Conviction for a serious offence
 Breach of an Injunction
 Breach of a provision of a Criminal Behaviour Order
 The dwelling house has been subject to a closure order
 Breaching of a Noise Abatement notice or court order.
Demotion Orders
8.6 We can also make an application to bring a tenancy to an end and replacing it with a
less secure form of tenancy. This is a penalty against customers who have been involved in
anti-social behaviour and acts as a strong warning that they run a high risk of losing their
home if their behaviour persists. A Demotion Order changes the tenancy to a one year
demoted assured shorthold tenancy. This means that if we receive any further complaints of
anti-social behaviour during that year, we might be able to end the tenancy without going to
the County Court.
Anti-social behaviour Order
8.7 An anti-social Behaviour Order (ASBO) is a civil order made by a court which sets out
specific terms and conditions that prohibit an individual from engaging in further incidents of
anti-social behaviour or undertaking specific activities in their local area. An ASBO lasts for
a minimum of two years and can be obtained against a person aged over 10. Breaching an
ASBO is a criminal offence. Additional orders may be added to the ASBO including Drug
Intervention Orders, Individual Support Orders and Parenting Orders.
Parenting Order
8.8 If we have entered into a voluntary Parenting Contract, which is a supportive measure
designed to help a parent improve their skills and tackle the underlying causes of the child’s
behaviour, and this has failed, then we can apply to the court for a Parenting Order. This
makes the terms of the Parenting Contract compulsory and lasts for twelve months.
Other options
8.9 There are other tools to tackle anti-social behaviour which are not directly available to
us but through good partnership working, particularly with the local authority and the police,
we can influence the application for these options. These include:
Closure Order
8.10 A Closure Order (commonly called a crack house closure order) allows premises to be
closed temporarily once a Magistrate is satisfied that the premises are associated with
significant and persistent nuisance or disorder and the nuisance or disorder derives from drug
use and drug supply. A Closure Order lasts for a maximum period of three months and
Cotman Anti-Social Behaviour Policy and Procedure Page 13 of 13
nobody can enter the premises during that period. An extension may be requested. Only
the police can apply for this order.
Premises Closure Order
8.11 A Premises Closure Order gives power to the police and local authorities to close any
premises that cause significant and persistent anti-social behaviour and disorder in the local
community for a maximum of three months. The Order prevents any person from entering
the dwelling.
9. STRATEGIC PLANNING AND MONITORING THE SERVICE
9.1 We will closely monitor the incidents of anti-social behaviour that are reported to us
and the performance of the service we provide. We will carry out an annual review of the
anti-social behaviour that has been reported to identify trends and hot spots so that the issue
can be addressed through Neighbourhood Plans. We will monitor our performance in
responding to reports of anti-social behaviour and in customer satisfaction, and report on this
in our Customer Annual Report. We will set performance targets in these areas and monitor
our performance against these targets throughout the year. We will compare the level of
reported anti-social behaviour and our performance with other organisations by bench
marking our service with business units throughout the Places for People Group and other
local landlords. We will report levels of ASB and our performance to our Management Team.
We will develop specific actions in terms of strategic planning and monitoring in our action
plan – for example, using a map in the office to plot cases to identify hot spots, using white
boards in the office to highlight good practice and monitor performance, making improved
links with other agencies through Anti-Social Behaviour Action Groups and other forums such
as the Colchester Registered Providers Forum and Norfolk Housing Alliance. We have
already implemented weekly team meetings where officers meet weekly with managers so
that we take a case conference approach to anti-social behaviour cases and promote best
practice.
10. CUSTOMER FEEDBACK POLICY
10.1 We operate a formal complaints procedure for customers who are dissatisfied with the
service we provide. This enables customers or any other person receiving a service to
complain if they are unhappy. For further information please refer to Cotman’s Customer
Complaints Policy.

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Cotman's Anti-Social Behaviour Policy

  • 1. Cotman Anti-Social Behaviour Policy and Procedure Page 1 of 13 ANTI-SOCIAL BEHAVIOUR Policy and Procedure Version 1 Issue Date March 2016 Author Support and Tenancy Services Manager Board of Management approval: For consideration at BoM/2/16 25th April 2016 Approved by Head of Service Delivery March 2016 Review due: 31 Mar 2019
  • 2. Cotman Anti-Social Behaviour Policy and Procedure Page 2 of 13 Strategy/Policy Control Statement 1 Document Title Anti-Social Behaviour Policy & Procedure 2 Date of Document March 2016 3 Service Lead Jameel Malik 4 Author Nicky Galwey-Woolston 5 Date Approved and approved by who i.e. National Customer Board, Service Delivery Project Board, Executive, Group Board, etc. Cotman Board of Management 25th April 2016 6 Date last reviewed June 2013 7 Amendment record Policy rewritten as out of date 8 Next review date March-2019 9 Staff Consultation Tenancy Services Team 10 Other Services Consultation RMG – March 2016 11 Customer Consultation 12 Equality Impact Assessment: insert priority as agreed with E/D team, insert start date, completion date and published date. Insert date copy of EIA sent to E/D team. EIA to E/D team on 1.4.16 Medium priority agreed Completed 6.4.16 13 Confirm that document meets current legislative requirements Yes 14 Confirm that VFM implications have been assessed Yes 15 Further Information/Comments n/a 16 Sign off of statement by Author and Service Lead: name and date Nicky Galwey-Woolston Date: March 2016 Jameel Malik Date: March 2016
  • 3. Cotman Anti-Social Behaviour Policy and Procedure Page 3 of 13 1. INTRODUCTION 1.1 All registered providers in England and Wales are required to prepare and publish policies and procedures in relation to anti-social behaviour (s218A Anti-Social Behaviour Act 2003). The duty is threefold:  to publish a policy statement  to publish a statement of procedure; and  to publish a summary of the policy and procedure 1.2 Cotman is committed to ensuring that we not only comply with this duty but that our neighbourhoods are safe and welcoming places to live. This policy will apply to Cotman customers or any other person affected by our customers behaviour. 1.3 Our aim is to prevent anti-social behaviour before it starts, intervene appropriately where we can and enforce tenancy conditions when required to prevent on-going anti-social behaviour. 2. POLICY STATEMENT 2.1 At Cotman, we know that anti-social behaviour is one of the most important issues affecting customer enjoyment of their home and surroundings. It can seriously damage quality of life and have a negative impact on neighbourhoods and communities. 2.2 We recognise the right of Cotman customers and others living in our neighbourhoods to live in their home and community free from the effects of unacceptable nuisance, anti- social behaviour, harassment and racial harassment. 2.3 We aim to:  manage our housing effectively to prevent anti-social behaviour happening  maintain neighbourhoods of choice to encourage customers to take pride in their environment  ensure that customers are aware of their tenancy obligations  take appropriate action where there is evidence that tenancy conditions have been breached and that this has adversely affected the quality of life of others. 2.4 Places for People, of which Cotman Housing is part, has signed up to the Respect ASB Charter for Housing and in doing so made commitments to ensure that we give the best possible service when dealing with anti-social behaviour. We comply with regulatory practice and keep up to date with case law. We are members of local forums of social landlords. 2.5 We will  demonstrate leadership, commitment and accountability on preventing and tackling anti-social behaviour that reflects a shared understanding of responsibilities with other agencies  investigate all reports of anti-social behaviour whether those responsible are customers, homeowners, their families, friends or visitors to intervene swiftly, take appropriate and decisive action before the anti-social behaviour escalates  maintain regular contact with witnesses to keep them up to date with the action we are taking and provide tailored support to witnesses as necessary
  • 4. Cotman Anti-Social Behaviour Policy and Procedure Page 4 of 13  record and monitor incidents of anti-social behaviour on the ReAct case management recording system  encourage tolerance by trying to balance the needs of individuals with those of their neighbours (activities that result from different lifestyles, or which most people would think reasonable, are not anti-social behaviour)  encourage and support neighbours to try and resolve their problems by taking part in a face to face restorative meeting  employ the services of independent trained mediators subject to the approval of the Support and Tenancy Services Manager  implement, strengthen and support preventative measures tailored towards the needs of customers and their families  work to ensure that our anti-social behaviour service is accessible and useful to every individual. We will ensure that information and guidance is accessible to all groups and be aware and sensitive to the issues that customers may experience in reporting anti-social behaviour and for example, provide for interpreters and accept reports of anti-social behaviour online, by email and via social media.  Develop an action plan based on this policy which will include how we will publicise our approach to anti-social behaviour to encourage customers to come forward at an early stage, pro-active approaches such as telephone surveys of customers throughout the year to check for any problems on estates.  set staff clear and challenging targets for improving performance and continually review the way we manage anti-social behaviour.  ensure our staff are properly trained and understand our policy and procedure. Further details of staff training and upskilling for specialist roles in Tenancy Services will be included in our action plan. This will include details of legal action that officers will be trained to undertake in-house. 2.6 This statement is supported by separate associated Cotman and Places for People Group policies entitled:  Policy and Procedure on the use of starter tenancies  Community Safety Policy  Absolute Possession Policy  Support for Witnesses and Victims Policy  Partnership Working and Information Sharing Policy  Domestic Abuse Policy  Hate Crime Policy  Vulnerable Customer Policy  Equality and Diversity Policy 3. WHAT IS ANTI-SOCIAL BEHAVIOUR? 3.1 Anti-social behaviour is any activity that impacts on other people in a negative way and interferes with a person’s right to live peacefully in his/her home and in the surrounding area. Different people may be distressed or alarmed by different types of behaviour and activity. We will not always get involved in everything that is reported to us as causing a nuisance. Whether or not we consider an activity to be anti-social will depend on a number of things, including how severely it is affecting others, how regularly it is happening, and whether the behaviour is considered unreasonable. The impact of anti-social behaviour upon others is important in assessing the response to the anti-social behaviour being reported. Each case will be considered individually.
  • 5. Cotman Anti-Social Behaviour Policy and Procedure Page 5 of 13 Legal Definitions 3.2 The Housing Act 1988 Ground 14 states: The tenant or a person residing in or visiting the dwelling house – (a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house, or a person employed (whether or not by the landlord) in connection with the exercise of the landlord's housing management functions, and that is directly or indirectly related to or affects those functions, or (b) has been convicted of - (i) Using the dwelling house or allowing it to be used for immoral or or illegal purposes, or (ii) an indictable offence committed in, or in the locality of, the dwelling house. 3.3 Section 1(1) of the Crime and Disorder Act 1998 defines anti-social behaviour as ‘acting in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself’. 3.4 The Anti-Social Behaviour Crime and Policing Act 2014 has expanded on this as follows:  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, or  Conduct capable of causing housing related nuisance or annoyance to any person 3.5 This covers a wide range of activities including:  violence or threats of violence  hate crime and harassment  using the premises for any immoral, criminal or illegal purposes or being convicted of a criminal/unlawful offence in the local area  noise nuisance  verbal abuse  damage to property/vandalism  nuisance from vehicles  pets causing a nuisance  intimidation  drug abuse  domestic violence or abuse  alcohol or solvent abuse  rubbish, fly-tipping and untidy gardens  nuisance involving children or teenagers  graffiti  noise and disruption caused by visitors to the home  “mate crime”  Inconsiderate or illegal parking  car repairs that disrupt others in the neighbourhood  illegal smoking in communal areas
  • 6. Cotman Anti-Social Behaviour Policy and Procedure Page 6 of 13 3.6 Incidents that relate to Domestic Noise are not classed as anti-social behaviour and include such issues as:-  banging doors  footsteps from adjoining properties and/or communal areas  noise of children running or playing  loud talking from adjoining properties and/or communal areas  low level noise from TVs, radios or music devices  noise from washing machines, vacuum cleaners other domestic appliances  one off parties or festival/events - such as bonfire night  DIY at reasonable hours  running up and down stairs 3.7 In such circumstances we expect customers to show tolerance and understanding towards their neighbours. 3.8 We assist customers to resolve disputes with their neighbours. We only take formal action if we are satisfied that evidence can demonstrate that an individual or individuals have acted in an anti-social manner 4. OUR ROLE IN TACKLING ANTI-SOCIAL BEHAVIOUR 4.1 Our main aim is to respond to anti-social behaviour cases promptly and professionally. Our Service Standards 4.2 We will:  contact the person who reported an incident within one working day to discuss the anti-social behaviour for cases which involve the use or threat of use of violence or hate crime, or where emergency services are involved.  contact the person who reported an incident within three working days to discuss the anti-social behaviour for all other cases  keep the person who reported the incident updated on the progress of the case in the way we agreed with him/her  write to or email a witness when a case is closed enclosing a customer satisfaction form asking for feedback on how we managed the anti-social behaviour case  Offer the option of completing the customer satisfaction form on the phone 4.3 If the anti-social behaviour happens over a weekend or bank holiday, our Customer Service Centre will give practical advice, including recommending calling statutory agencies, and will report the incident the to the appropriate Tenancy Services Officer or the Tenancy Services Team Leader. The Customer Service Centre have available telephone contact details for all senior staff at Cotman, including the Support and Tenancy Services Manager, in cases that require immediate intervention by a member of staff. Partnership working 4.4 In order to be effective in tackling anti-social behaviour and sustain long term solutions we work in partnership with other agencies at a strategic and an operational/neighbourhood level. These range from wide reaching strategic partnerships covering a large local authority area with multiple partners to formal partnerships developed at a local level to provide support to individual perpetrators.
  • 7. Cotman Anti-Social Behaviour Policy and Procedure Page 7 of 13 Community Trigger 4.5 We will support and work with local authority areas in delivering their obligations to provide ASB Reviews (Community Trigger) in accordance with Part 6 of the Ant-social Behaviour, Crime and Policing Act 2014. 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 and problem solving approach to find a solution. We will share and disclose information in accordance to Data Protection protocols and work within the timescales set by individual local authorities. We will play a full part in finding a solution and consider any recommendations made by local authority community trigger panels. Working with customers 4.6 We consult, listen to and take on board what our customers are saying through our Residents Associations, customer groups, social media, customer champions, surveys, profiling, customer conferences and Cotman Voices. We also work with the Business Excellence Team to conduct reviews of our service using customer Reality Checkers and Service Review Panels. 5. CASEWORK PROCEDURE Opening a case 5.1 Any person (a witness) can report an incident of anti-social behaviour by calling the Customer Service Centre on 0845 850 9574 or direct to the Tenancy Services Team on 01603 731688 by email to tenancy.services@cotman-housing.org.uk. A witness can also ask someone else to contact us on their behalf. A report can also be made in person to our office. When a witness reports anti-social behaviour to us, our officers will respond in accordance with our service standards. The case will be logged onto ReAct, a case management recording system, and a response in writing will be sent to the witness confirming the name and contact details of the officer who will be managing the case. Identifying & Supporting Vulnerable Customers 5.2 We will carry out a risk assessment of the customer reporting an issue when opening a case. The risk assessment aims to identify any vulnerability or support needs. Where these are identified as being medium or high we will put in measures to support the customer and alert other agencies, if appropriate. Where the customer or another involved individual or agency (including the Cotman Officer dealing with the issue) feels the issue relates to hate related harassment we will record it as such Initial investigation 5.3 Most reports of anti-social behaviour are dealt with quickly without us having to consider legal action. Except in serious cases, where urgent action might be needed as quickly as possible, we use a step-by-step approach to dealing with anti-social behaviour. 5.4 We will ask the witness what has happened and try to get a full picture of events. We will need to know who was involved and how the incident has affected the witness. What we do next will depend on the type of case and the information we are given. 5.5 If the case does not involve threats, violence or serious harassment, we will suggest that the witness talks to the person causing the problem about the anti-social behaviour explaining the effect it is having upon him/her. We will advise the witness to do this in a polite and reasonable manner. Restorative face to face meeting
  • 8. Cotman Anti-Social Behaviour Policy and Procedure Page 8 of 13 5.6 If the witness does not feel comfortable approaching the person who caused the problem him/herself we will be happy to try and arrange a restorative face to face meeting. This is a form of mediation which does not dwell on the past but concentrates on how an understanding can be reached between those affected so that their lives can be better in the future. Alternatively, we have a budget for independent mediation services and will be happy to make referrals to this. Referrals will usually be made after consultation with the complainant, and following an internal staff case conference and authorisation from the Tenancy Services Team Leader. 5.7 If a dispute involves allegations and counter allegations and as a result we are unable to establish any facts our only option will be to offer neighbours a restorative face to face meeting. If neighbours would prefer independent mediation we can arrange this too. If either party declines these options, we are unlikely to be able to do anything further to help. Confidentiality 5.8 If a witness who reports anti-social behaviour wishes to remain anonymous it may be that limited or no action can be taken. 5.9 Any information given to us will be treated in confidence. In accordance with the Data Protection Act and the Crime and Disorder Act 1988, it will not be passed to the person who is named in the information without the permission of the person who gave the information. With the victim’s permission we will also share information with other agencies to provide support for them and their family. 5.10 Some people give information anonymously. Whilst we will investigate this information as far as we are able to, but we cannot advise the informant of the outcome of our investigations, nor can we check any facts or responses from the perpetrator with them. Interviewing the other party 5.11 In many cases we will need to speak to the other party usually at his/her home. He/she may admit that they have acted in an anti-social manner and if so, they will be given a verbal warning which will be followed up in writing. He/she might have been unaware of this until we speak to him/her as the nuisance might not have been caused deliberately. In this case advice will be given which will be followed up in writing. 5.12 If the other party does not admit to doing anything wrong and continues to cause nuisance it is likely that we will need more evidence and we would need the witness to complete an incident diary to record the incidents that he/she sees or hears. We will advise how this form should be completed. If a witness has difficulty in completing the incident diaries we will suggest other ways of recording the nuisance. 5.13 We might also need to collect other evidence such as photographs, video or recordings of the incidents as they happen. We may also need to speak to other people who have witnessed the incidents. 5.14 We have a range of powers at our disposal to deal with anti-social behaviour and we will make use of these appropriately by using the action that is reasonable, proportionate and most likely to produce an effective solution. In the most serious cases enforcement action may be taken. More detail on legal remedies are set out below in section on enforcement. Closing the case 5.15 We will close an anti-social behaviour case when:  we believe we have resolved the problem or the problem has stopped  we think that there is no case to investigate  we believe the evidence does not warrant action
  • 9. Cotman Anti-Social Behaviour Policy and Procedure Page 9 of 13  the witness does not respond to us further to reporting an incident 5.16 We will record why the case has been closed and will write to tell the witness(es) that we have closed the case and contact him/her with a questionnaire so that he/she can give us their opinion about how we handled the case. 6. CUSTOMERS’ RESPONSIBILITIES 6.1 Our customers and the people they are responsible for – anyone (including children) living in or visiting their home should comply with the obligations set out in the Tenancy Agreement or in the Lease. The main clauses of our assured tenancy agreement relating to anti-social behaviour include that they must:  not do anything which may cause a nuisance to or may annoy or inconvenience or disturb other people on that estate or neighbourhood, or their family or visitors, or other tenants of the Landlord, or its employees, agents or contractors  not harass, or threaten to harass or abuse or cause offence to any person because of their race, gender, sexuality, physical/mental disability, religious beliefs, employment or for other reasons  not threaten or commit acts of domestic abuse on any members of the Tenant’s household whilst in their home or neighbourhood  not use controlled drugs and/or substances in the Premises unless they are prescribed by a doctor  not use or permit the Premises to be used for any illegal or immoral purpose  not use threatening, violent, or aggressive language or behaviour towards other persons at the Premises or towards any person in the locality of the Premises  not engage in any conduct or activity likely to alarm employees, agents or contractors of the Landlord or cause them to fear for their safety  not use or allow record players, radios, tape recorders, televisions, CD players, amplifiers, loud speakers or musical instruments or other equipment of any kind in a way that will annoy other people, or so they can be heard outside the Premises  keep any animal at the Premises (with written permission) under control at all times and not allow it to behave in an aggressive manner, or cause a nuisance, annoyance, disturbance, danger or injury to any person or animal in the neighbourhood  not carry out vehicle repairs (other than reasonable, minor repairs to his/her own vehicles) or keep any un-roadworthy vehicle at or in the vicinity of the Premises  not park vehicles on footpaths, grassed areas or cause an obstruction including parking in front of a dropped kerb  keep the garden, hedges and trees at the Premises in a tidy and manageable state and not use the garden for dumping rubbish  not damage or put graffiti on property 6.2 The precise terms of the tenancy agreement may vary between the different types of tenancy. Leaseholders and shared owners 6.3 Most of Cotman leasehold and shared ownership properties are now managed on behalf of the Association by another Places for People company, RMG. However, they are still subject to this policy and procedure and RMG will consult with Cotman where they encounter anti-social behaviour that needs to be addressed. 6.4 When a leaseholder or shared owner reports an incident of anti-social behaviour by another leaseholder, shared owner or a customer of a market rented property RMG will
  • 10. Cotman Anti-Social Behaviour Policy and Procedure Page 10 of 13 consult with Cotman and, wherever possible, provide advice and guidance and will signpost them to other agencies that have a statutory responsibility for dealing with anti-social behaviour. 6.5 In the most serious cases of anti-social behaviour RMG may need to instruct solicitors to take enforcement action against a leaseholder or shared owner and that individual will be liable for any costs incurred. 6.6 Where a leaseholder or shared owner reports anti-social behaviour committed by one of our rented customers, Cotman will follow our procedure for case work management. 7. PROTECTING OUR COMMUNITIES 7.1 We will aim to take a swift course of action appropriate to the severity of a case taking into consideration the needs of the witness and the circumstances of the perpetrator and strive to achieve a balance between prevention, early intervention, enforcement and support actions in order to provide long term solutions. Early intervention 7.2 We will act upon a report of anti-social behaviour swiftly in order to prevent it escalating to a more serious level. Interventions we will use to try and resolve the anti-social behaviour as quickly as possible include visits, warning letters, restorative meetings and asking the perpetrator to agree to sign an Acceptable Behaviour Contract which sets out the behaviour which will not be tolerated and the consequences of continuing anti-social behaviour. We will encourage a parent to enter into a Parenting Contract where their child is involved in anti-social behaviour and agree what is expected from them and the support we and other agencies can offer. We will try to reduce the numbers of anti-social behaviour cases being reported by producing and distributing literature to our customers which will give advice on how to deal with low level anti-social behaviour e.g. noise and neighbour nuisance. We will include a plan for publicity and leaflet review and distribution of information in electronic and other formats in our action plan. Preventative work 7.3 We will continue to build upon the preventative measures we have in place to reduce the need for us to take enforcement action. This includes distributing guidance booklets, the use of starter tenancies, sustainable lettings policies, exclusion policies and Good Neighbour Agreements through to security improvements at design stage and beyond. We will continue to get involved with initiatives and projects which promote community cohesion, provide diversionary activities for young people and deliver support to address underlying problems. 7.4 We have developed a procedure for carrying out regular tenancy audits. This means that we will be pro-actively contacting customers to check how they are managing their tenancy, whether they are experiencing or perpetrating any anti-social behaviour and following these visits up as appropriate to each individual case – for example making referrals for support or opening anti-social behaviour cases. We have started the programme of tenancy audits in February 2016 in areas where we know there to be issues in areas which are geographically distant from our office and we have little contact from customers. Further details about the plan for the tenancy audit programme will be included in the action plan. Safeguarding vulnerable people 7.5 We provide accommodation for many vulnerable people and their families. Many of these people are more susceptible to the effects of anti-social behaviour and it is important that we identify such persons and ensure that partners/agencies we work with are aware of these issues and where appropriate we will refer our customers to these agencies for
  • 11. Cotman Anti-Social Behaviour Policy and Procedure Page 11 of 13 support. Recognising the importance of delivering a sensitive service to vulnerable persons we have separate polices on Domestic Abuse, Hate Crime and Vulnerable Customers. Support for witnesses and victims 7.6 We understand that standing up to perpetrators can be stressful and we will keep witnesses informed of action we take and maintain regular contact with them. We will tailor support to an individual witness’ needs if we feel that a person needs more tailored support we will discuss what support we can provide. We have a separate ‘Support for Witnesses and Victims Policy’ which explains what we will do. Support to the perpetrator(s) to change behaviour 7.7 Often there may be significant underlying problems which contribute to a person causing anti-social behaviour, such as abuse or neglect, alcohol and drug misuse or physical and mental problems. If we think a perpetrator might have a problem of this kind we may work with other agencies or make referrals to other agencies which can provide support that will help prevent the behaviour. If a household displays challenging behaviour and needs intensive support we will refer the household to a Family Intervention Project if these are in place. However, if the anti-social behaviour continues once supportive actions have been put in place, we may have to take enforcement action through the Courts. 7.8 In 2016, we have brought our Tenancy Services and Support Services teams together under one Support and Tenancy Services Manager. The aim of this is to ensure that expertise regarding housing related support and social care as well as tenancy enforcement is shared throughout the team. This approach is intended to ensure that all officers are aware of all the tools they have at their disposal for tenancy sustainment. 8. ENFORCEMENT 8.1 We will warn those responsible for anti-social behaviour about their behaviour and ask them to stop it immediately and in the vast majority of cases we do not need to take enforcement action. When enforcement action becomes necessary we will use the appropriate tool available to us. There are a range of legal powers for tackling anti-social behaviour which we can use on our own, primarily through the County Courts. Enforcement measures directly available to us include: Injunction Order 8.2 Injunctions are orders which are made at the Court’s discretion. They are generally granted to prohibit a person aged 18 or over from carrying out a particular act or to require them to do something. If the person disobeys the Injunction Order, they could be fined or sent to prison. We can take this action against anyone living in or visiting our estates, even if they are not our customer. Starter Tenancies 8.3 We believe Starter Tenancies are a useful tool to ensure that new customers do not adversely affect community cohesion by behaviour which is unacceptable. We liaise with new customers closely to address any support needs. Our Tenancy Services Officers carry out at least two visits in the first year to monitor conduct and help people attain expected conduct of tenancy. Our intention is always to work with customers so that we are able to convert tenancies to full assured tenancies on the first anniversary of the commencement of tenancies. In rare cases, we seek to extend tenancies where we have concerns about conduct or seek to end them where we believe there is an overwhelming reason to do so. In such cases, we allow the customer a right of appeal prior to taking formal legal action. This involves the tenant making a submission in writing, or if there are literacy issues, verbally to a note taker. This submission, with the case notes and tenancy documents, will be reviewed
  • 12. Cotman Anti-Social Behaviour Policy and Procedure Page 12 of 13 by a manager who has not been involved in the decision to extend or end the tenancy. This manager will make a recommendation and the final decision will be with the Head of Service Delivery. Further details of this will be set out in the action plan. Assured and Secure Tenancies- Possession Order 8.4 As the Landlord, we can ask the County Court for an Order for Possession of a property if the customer or members of their family or friends are behaving anti socially or causing harassment. We will exhaust all alternatives and remedies available to us to address the anti-social behaviour and its causes before resorting to possession proceedings and asking the Court for an eviction. 8.5 The Anti-Social Behaviour, Crime and Policing Act 2014 has introduced a new absolute ground for possession for secure and assured tenancies. Under this new ground for possession the court must make an order for possession if any of the following conditions is met for a tenant, or a person residing or visiting the property:  Conviction for a serious offence  Breach of an Injunction  Breach of a provision of a Criminal Behaviour Order  The dwelling house has been subject to a closure order  Breaching of a Noise Abatement notice or court order. Demotion Orders 8.6 We can also make an application to bring a tenancy to an end and replacing it with a less secure form of tenancy. This is a penalty against customers who have been involved in anti-social behaviour and acts as a strong warning that they run a high risk of losing their home if their behaviour persists. A Demotion Order changes the tenancy to a one year demoted assured shorthold tenancy. This means that if we receive any further complaints of anti-social behaviour during that year, we might be able to end the tenancy without going to the County Court. Anti-social behaviour Order 8.7 An anti-social Behaviour Order (ASBO) is a civil order made by a court which sets out specific terms and conditions that prohibit an individual from engaging in further incidents of anti-social behaviour or undertaking specific activities in their local area. An ASBO lasts for a minimum of two years and can be obtained against a person aged over 10. Breaching an ASBO is a criminal offence. Additional orders may be added to the ASBO including Drug Intervention Orders, Individual Support Orders and Parenting Orders. Parenting Order 8.8 If we have entered into a voluntary Parenting Contract, which is a supportive measure designed to help a parent improve their skills and tackle the underlying causes of the child’s behaviour, and this has failed, then we can apply to the court for a Parenting Order. This makes the terms of the Parenting Contract compulsory and lasts for twelve months. Other options 8.9 There are other tools to tackle anti-social behaviour which are not directly available to us but through good partnership working, particularly with the local authority and the police, we can influence the application for these options. These include: Closure Order 8.10 A Closure Order (commonly called a crack house closure order) allows premises to be closed temporarily once a Magistrate is satisfied that the premises are associated with significant and persistent nuisance or disorder and the nuisance or disorder derives from drug use and drug supply. A Closure Order lasts for a maximum period of three months and
  • 13. Cotman Anti-Social Behaviour Policy and Procedure Page 13 of 13 nobody can enter the premises during that period. An extension may be requested. Only the police can apply for this order. Premises Closure Order 8.11 A Premises Closure Order gives power to the police and local authorities to close any premises that cause significant and persistent anti-social behaviour and disorder in the local community for a maximum of three months. The Order prevents any person from entering the dwelling. 9. STRATEGIC PLANNING AND MONITORING THE SERVICE 9.1 We will closely monitor the incidents of anti-social behaviour that are reported to us and the performance of the service we provide. We will carry out an annual review of the anti-social behaviour that has been reported to identify trends and hot spots so that the issue can be addressed through Neighbourhood Plans. We will monitor our performance in responding to reports of anti-social behaviour and in customer satisfaction, and report on this in our Customer Annual Report. We will set performance targets in these areas and monitor our performance against these targets throughout the year. We will compare the level of reported anti-social behaviour and our performance with other organisations by bench marking our service with business units throughout the Places for People Group and other local landlords. We will report levels of ASB and our performance to our Management Team. We will develop specific actions in terms of strategic planning and monitoring in our action plan – for example, using a map in the office to plot cases to identify hot spots, using white boards in the office to highlight good practice and monitor performance, making improved links with other agencies through Anti-Social Behaviour Action Groups and other forums such as the Colchester Registered Providers Forum and Norfolk Housing Alliance. We have already implemented weekly team meetings where officers meet weekly with managers so that we take a case conference approach to anti-social behaviour cases and promote best practice. 10. CUSTOMER FEEDBACK POLICY 10.1 We operate a formal complaints procedure for customers who are dissatisfied with the service we provide. This enables customers or any other person receiving a service to complain if they are unhappy. For further information please refer to Cotman’s Customer Complaints Policy.