General Policy Statement - Aims, Attitude and general approach to ASB

One of the department’s fundamental aims is the reduction of ASB on its estates. To reinforce this commitment, we recognise the importance of taking effective and early positive steps to reduce the likelihood of legal action being needed and to increase the chances of problems being resolved successfully. The

Department will undertake to:

• Ensure that all disputes and allegations of ASB are dealt with effectively and in a fair manner. Action taken will depend on the nature, type and seriousness of the behaviour. Where necessary, the Department will enforce its Conditions of Tenancy. While mindful of our role as a social housing provider, the Department is not willing to allow a small minority to disturb the peaceful enjoyment of the majority and will therefore use all powers available to it where a problem can be established.
• Establish clear guidelines and procedures and ensure that all staff are adequately trained to effectively put the department’s policy into practice.
• Consult, involve and inform tenants and leaseholders in order to form an effective partnership approach.
• Establish targets for monitoring performance, the results of which will be published on a regular basis.
• Address the issue of racial harassment in accordance with Council policy.
• Keep all complaints and investigations confidential, unless legal action becomes necessary and is agreed with residents.
• Recognise that neighbour disputes and ASB may be a result of wider social issues which requires the Department to work in partnership with fellow agencies in taking effective action where necessary.
• Regularly review policy and procedures.

Specific Policy issues

The Department has based its ASB Protocol and Policy on the following principles:

Response to complaints

The Department will respond to complaints quickly and efficiently, and will address all the points at issue. It will keep the complainant regularly informed of developments both verbally and in writing. As some complaints may be unfounded, a non-judgmental approach will be taken at the early stages of investigation.

It will not be necessary for complaints to be made in writing before action is taken, although this will be advised, and help will be given to anyone who requires assistance (for example, someone whose first language is not English).

Anonymous complaints, which may be malicious and in themselves considered a form of harassment, will only be accepted in exceptional circumstances. An example would be where ASB relates to serious problems and there is good reason to believe that there could be fear of reprisals.

Preventive action and prevention measures

Education should begin prior to the commencement of tenancy- Housing Officers will explain in detail the responsibilities of the landlord and tenant (including a tenant’s responsibility for guests) as laid down in the Conditions of Tenancy during the initial property view. A Tenants’ Information Pack is also issued with

relevant sections on ASB. Additionally, the Community Warden Scheme performs a mix of preventive and prevention roles in respect of ASB and the Council employs an ASB Liaison Officer to aid co-operation with other agencies.

Prevention measures that the department will use include mediation, interviews, written warnings, injunctions, Acceptable Behaviour Contracts (ABCs) and Anti - Social Behaviour Orders (ASBOs).

We do recognise that ASB is often fuelled by a host of wider social exclusion issues including poverty, drug dependency (including alcohol), school exclusion and general community disorganisation. There are a wide variety of policies, approaches and interventions that Thanet District Council and its partners have adopted in order to address these issues. It is acknowledged that the strength in combating these problems is best undertaken in partnership including the Local Strategic Partnership and the Crime and Disorder Reduction Partnership.

Partnerships and joint working

The department will continue to forge good relations with other local landlords such as Thanet Community Housing Association in mixed-tenure type situations (where there is a mixture of housing association, private and council tenants). We are equally committed to partnership working with key agencies such as the

Police, the Community Safety Department, Social Services, Mental Health Services and Environmental Health.

The department is actively engaged in partnership with other local authorities and statutory agencies in tackling racial harassment. Commitment to a collective response is demonstrated by joint working with Dover, Shepway, Canterbury and Ashford in operating the East Kent Racial Incident Reporting Line (RIRL) and our

membership of the Thanet Community Safety Partnership.

Resident participation

The Department is committed to working with tenants and local residents in order to enforce its intolerance of, and support its aim to resolve ASB and realises that consultation and discussion is invaluable in achieving this. The department recognises that tenant groups offer an excellent opportunity for reducing feelings of helplessness and isolation and aid in building a sense of community and encouraging reporting of ASB. ASB is specifically approached in the action plan of “Working Together”, The Tenant Participation Compact for Thanet.

Evidence building

If legal action is to succeed, the evidence we present must be as strong and comprehensive as possible. The legal remedy sought must also be reasonable in the court’s opinion.

The more evidence presented the better. Incidents that may seem minor in isolation can be viewed more gravely when considered with many other incidents.

Supporting witnesses

In many cases we will be relying on witness statements from residents and neighbours to help present our case. These witnesses may fear intimidation from the person behaving in an anti-social way. To combat this and to maintain the witnesses’ goodwill and confidence, we will support them as much as we can.

We will do this by:

• Liaising with the Police;
• the Housing Officer dealing with the case keeping in regular contact with the witness to prevent them feeling isolated and to check on their well-being. Regular contact will also aid the collection of up to date information on any recent incidents;
• local groups such as Tenants’ and Residents’ Associations to be involved with supporting individuals and to give corroborating statements where applicable; and
• offering them support in attending court.

Reports of harassment

In clear cases of harassment the Department’s approach will be victim centred with investigations and solutions to the complaint sympathetic to the stress and needs of the resident.

Racial harassment

All incidents of racial harassment will be reported, dealt with and monitored in full accord with guidance offered by the Commission for Racial Equality’s (CRE’s) Rented Housing Code of Practice and the Office of the Deputy Prime Minister’s (ODPM’s) research document, Tackling Racial Harassment: Code of Practice for

Social Landlords. The department has adopted the following definition of a racial incident, as recommended by the Stephen Lawrence Inquiry: “any incident which is perceived to be racist by the victim or any other person".

Mixed Tenure Estates

The powers and responsibilities that the Council as a whole have to tackle ASB extend beyond their own sector and housing stock. Actions may have to be taken to resolve issues both for and against the department’s tenants and residents on cross tenure complaints. Therefore, joint working between the department and other Registered Social Landlords (RSLs) on mixed tenure estates is expected. By agreement, the Department may undertake investigations and use the appointment of professional witnesses and other measures, subject to RSLs making a proportional contribution to the cost.

Review and appeals

The Department has in place a clear review process for monitoring cases and an appeals process for complaints that have not been satisfied.

This Policy and Procedure Guide is to be reviewed on an annual basis, or earlier, to take account of changing government guidance, changes in legislation or amendments found necessary as a result of monitoring procedures.

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Anti-social Behaviour Strategy

Housing Services

E-mail:

housing.tenantparticipation
@thanet.gov.uk

Tel: 01843 577221