ASB Procedure

The Housing and Property Services Department follows a four stage process for dealing with ASB.

Stage One- receiving and recording complaint

The first step upon receiving a complaint is to suggest that the complainant discusses the problem with the other party. If the complainant has not done so and if the issue is relatively minor with no risk of violence, the complainant will be asked to talk to the other party with a view to seeking an amicable resolution.

If the complaint can be resolved at this stage without further investigation, the relevant action will be taken and a letter will be sent to the complainant detailing this. If not, the process moves on to stage 2.

Stage Two- initial investigation, define and assess complaint

If it is felt that further investigation is required, a Housing Officer will arrange to interview the complainant in order to establish the facts. This will enable the Investigating Officer to begin to define the type of problem and attempt to assess the severity and scope of the issue. This will help to establish whether it is a

clash of lifestyles or if the person accused of causing the nuisance is behaving in an anti-social manner.

At this stage immediate support may be arranged if necessary. The Housing Officer will also consider whether the matter should be reported to other responsible agencies such as the Police, Environmental Health etc. If it is an issue for which the department has sole responsibility, the tenant will be advised of the various options available to aid resolution. This will form the foundation for an action plan agreed between the complainant and Housing Officer. Examples of possible actions include the keeping of incident diaries, interviews with

perpetrators and referrals to other agencies.

Stage Three- in-depth investigation, collection and evaluation of evidence

At this point in the process, the investigating officer will look to arrange a meeting with the perpetrator/s in order to listen to their views in respect of the complaint. Additionally, during this stage, every effort will be made to collect and evaluate evidence from a variety of sources. Examples include witness statements, reports of other agencies, photographs of injuries or damage to property. All such evidence gathered will form the foundation for future action.

Stage Four- remedial action

All managerial options such as written warnings, negotiation and mediation will be considered before the Department will proceed with the use of legal remedies.

Where managerial options fail the Department is left with no option but to pursue a legal remedy. This may either be on the grounds of nuisance or for breach of tenancy conditions. If the resident fails to comply with written warnings, the Department will issue a Notice of Seeking Possession and/or seek an Interim Injunction. The complainant will be informed at this stage of the legal decision.

Where a Notice of Seeking Possession has been served, a Possession Hearing will be held at Court, which if successful will result in the granting of a Possession Order. This will ultimately grant legal authority for an eviction to go ahead. Where an interim injunction has been granted and the tenant has failed to comply, a final injunction will be sought. Where this is again breached, the matter will return to court and the defendant, if found to be in breach, may face a fine, imprisonment or both. Once again, the Department will ensure that the

complainant is kept informed of the legal decision reached.

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Contents

Anti-social Behaviour Strategy and statement of procedure