Statement of Anti Social Behaviour Policy and Procedures
On this page you will find the full Statement of our Policy and Procedures on Anti Social Behaviour. Follow the shortcut links below to access the information you need.
Introduction
The Anti-Social Behaviour Act 2003 (‘the Act’) amending the Housing Act 1996, places a requirement on the Council to publish a statement about our policies and procedures on antisocial behaviour (‘the Statement’) and a summary of the Statement (‘the Summary’)
In accordance with the Act the Statement should outline the Council's general approach to anti-social behaviour and include any specific policies and outline the Council's procedures when dealing with anti-social behaviour. It should contain enough information to enable a tenant to understand how the Council will deal with a complaint of anti-social behaviour and what the Council expects of the tenant.
This Statement and the accompanying Summary are available for inspection at the Council offices and copies will be supplied free of charge. The documents are also available on request in other languages, Braille or large print. The Summary is also available from all Guildhall Receptions and Neighbourhood Housing Offices.
Our policy and procedures for dealing with anti-social behaviour will be reviewed annually and the Statement and Summary will be amended accordingly.
The Council’s policies and procedures on anti-social behaviour are compatible with our various obligations under existing legislation including the following:
- The Children’s Act 1989 (s.27)
- Crime and Disorder Act 1998 (as amended)
- Disability Discrimination Act 1995 (s.2)
- Data Protection Act 2000
- Homelessness Act 2003
- Human Rights Act 1998
- Race Relations Act 1976 (as amended)
Part One – Statement of Policies
Anti-social behaviour may include but is not limited to the following:
- harassment of another person
- racial harassment
- violence or threats of violence (intimidating or insulting language)
- domestic violence
- illegal or immoral activity
- drug dealing
- vandalism and graffiti
- verbal abuse
- making loud noise/playing loud music/shouting/noisy machinery
- animal noise, nuisance
- drunk and disorderly through alcohol or drugs
- dumping of rubbish/smells from rubbish
- playing ball games close to where people live
- boundary disputes.
An incident that is anti-social behaviour to one individual or household may not be so to another. We live in a diverse and multi-cultural society. Attitudes to anti-social behaviour vary according to a number of factors ie age, class, culture, disability, ethnicity, health, income, race, religion etc. Tenants and those they are responsible for are expected to tolerate people’s different lifestyles.
Broadly, anti-social behaviour will usually fall into three categories:
Low level
Household noise occurring regularly and persistently during day time hours at a level that appears unnecessarily loud, eg vacuuming, television, music, alarm clock, children playing or ‘hanging around’ , screaming, banging doors, DIY; drilling, hammering etc.
Medium level
As above, but persistent, at a very loud level and usually during unsociable hours (11pm–7am). It may include dogs left to bark, pigeon feeding, alarms, parties, refuse dumping, squalid living conditions (where smells impact on other residents), industrial equipment in residential dwellings etc.
High level
Usually behaviour which is deliberately intimidating/threatening, causing serious distress either as a one-off or more persistently. Examples will include drug taking/dealing, graffiti, vandalism, verbal harassment, physical assault, racial harassment, domestic violence, immoral activity and any criminal activity.
These categories are not definitive but will be used as a guide in deciding on the seriousness of the anti-social behaviour and what action will be taken.
General approach to anti-social behaviour
Mission Statement
Every member of the community has the right to enjoy their home and locality in peace. The Royal Borough of Kingston upon Thames is committed to ensuring that problems of antisocial behaviour do not spoil that peaceful enjoyment. The Council is fully committed to the task of stamping out anti-social behaviour and creating a safer and more enjoyable place to live. Harassment of any kind to or by any tenant or member of staff will not be tolerated. The Council will deal with anti-social behaviour through effective use of policies and strategies. By working in partnership with other agencies in the borough and by working with communities, the Council aims to prevent the misery that can be caused by others. Action will be taken action against offenders.
Objectives of the anti-social behaviour policy:
- To promote good tenancy relations so as to prevent problems of anti-social behaviour and nuisance problems to tenants.
- To investigate promptly and take necessary action when a complaint of anti-social behaviour has been made.
- To take appropriate action against known perpetrators, legal and other, and to enforce the tenancy condition about anti-social behaviour and nuisance where appropriate, always bearing in mind the wishes of the complainant.
- To record all incidents and to regularly review and monitor our response for intelligence purpose and to encourage criminal offences to be reported to the police.
- To promote multi-agency working and information sharing. Where necessary, to liaise effectively with other Directorates within the Council and outside agencies.
Housing Management is committed to:
- Encouraging good tenancy relations and equal opportunities for all members of the community.
- Working for the safety and security of people and their homes and neighbourhood.
- Working in partnership with individuals, the police and other agencies and drawing upon a wide range of legal and other remedies to both prevent and tackle problems of anti-social behaviour.
- Training staff so that they are able to deal with problems of anti-social behaviour and that they are aware of any new strategies and changes to policies and procedures.
Strategic Context
The Crime and Disorder Act 1998 requires councils to work in partnership with other agencies to reduce crime and disorder. Kingston Council is a member of the Crime and Disorder Reduction Partnership along with many other statutory and voluntary organisations. In April 2002 the Council produced a strategy for tackling crime, disorder and antisocial behaviour in the borough over the following three years (2002–2005). The strategy was based on a comprehensive audit of crime, disorder and anti-social behaviour in the Borough and the view of residents and other local groups and agencies. The targets of the strategy are:
- reducing anti-social behaviour and disorder
- reducing drug and drug related crime
- reducing fear of crime
- reducing hate crime
- reducing property crime
- reducing violent crime
- reducing the involvement of young people in crime (both as victims and perpetrators).
The full strategy document can be viewed and/or downloaded - please see Related Documents at the foot of this page.
The Council’s 2003–2004 Housing Strategy states that the Council has a corporate commitment is to help create the best opportunities, service and environment for the people of the Borough of Kingston.
Based around this overarching vision, and taking account of the issues that residents say are most important to them, the Council has developed an overall strategic framework setting out the priorities for the Borough. The six main priorities are:
- working in partnership
- caring for the environment
- putting people first
- enhancing quality of life
- developing educational life long learning
- providing best value.
The Council’s 2003–2004 Housing Strategy can be viewed/downloaded - please see Related Documents at the foot of this page.
The Homelessness Act 2002 requires all local authorities to carry out a review of homelessness and develop a strategy. The Council has carried out a review and agreed a strategy in June 2003. The prime aim of the strategy is to prevent homelessness. To adhere to the homelessness strategy the Housing Department will make every effort to resolve antisocial behaviour problems before resorting to possession proceedings.
The Council’s Homelessness Strategy can be viewed/downloaded - please see Related Documents at the foot of this page.
The Council’s Equal Opportunities Policy ‘Putting People First’ states that Council services are open to everyone. Equality is seen as a fundamental part of the aim of putting people first in order to ensure that the Council is accessible and responsive to all.
More information on the Council’s Equal Opportunities Policy and Race Equality Scheme can be viewed on our website at www.kingston.gov.uk or contact the Equal Opportunities Officer on 020 8547 5154.
The Council has a vision for Resident Participation which says that all residents should have the opportunity to be involved in the decisions relating to the management of their homes. The Resident Participation Compact was agreed March 1999 and sets out the aims, objectives and standards for involvement to allow all residents the chance to become involved in decision making in a way that best suits them as individuals. The Council is currently working with tenants to develop a new residents compact - more details of this will be available later but if in the meantime you wish to view the original Resident Participation Compact please see Related Documents at the foot of this page or contact the Resident Participation Manager on Freephone 0800 0778 416 or 020 8547 4656.
Tenant’s obligations
The introductory and secure tenancy agreement includes specific clauses under tenant’s obligations expressly forbidding anti-social behaviour. Tenants are asked to read the full conditions of the tenancy when they sign up for the tenancy.
Every tenant is responsible for their own behaviour and for the behaviour of any persons living in and or visiting the property, both in the property itself, the common areas and the locality. Tenants are legally bound to follow the rights and obligations of the tenancy agreement. Clause 8 of the secure tenancy agreement clearly states the tenants responsibilities regarding anti-social behaviour and all tenants should ensure that they are familiar with these. The introductory and secure tenancy agreement can be viewed/downloaded - please see Related Documents at the foot of this page.
Tenants are expected to understand and tolerate people’s different lifestyles. The Council expects all tenants to take care that neither they nor their household or visitors behave in an anti-social way.
Support for Complainants
The Council will deal with all complaints of anti-social behaviour promptly and efficiently.
Complainants will be kept informed of any developments relating to their complaint and with their agreement will be referred to appropriate support services. See Part Two of this Statement for examples of ways in which the Council can provide support to complainants. An information pack of leaflets regarding anti-social behaviour is available from local housing offices or on request to estate managers.
Racial Harassment Policy
Racial harassment is known nationally to be a growing problem in the community. Every council has a responsibility to report and record racial incidents that come to their notice with a view to eliminating such incidents. They also need to provide support, at the earliest opportunity, to persons experiencing racial incidents. RBK is committed to working in partnership with other statutory, voluntary and community groups and is taking a multiagency approach in the reporting and recording of hate crime (homophobia, domestic violence and racist incidents) as well as combating and measuring performance in relation to those crimes.
If a complaint of harassment is made the estate manager will follow the Harassment Policy and Procedure for dealing with the complaint.
Domestic Violence Policy
The Council recognises that domestic violence and abuse has a devastating effect on women, children and men, so we aim to provide a high quality and sensitive response that meets the needs of those who experience, of have experienced, it. Housing staff have an important role in providing non-judgemental support to tenants or applicants experiencing domestic violence. Informing them about their choices, available accommodation and providing information about services is likely to support the applicant and any children in the family, and reduce repeat victimisation.
If a complaint of domestic violence is made the Estate Manager will follow the Domestic Violence Policy and Procedure for Housing Staff.
Prevention Of Anti-Social Behaviour
Introductory Tenancies
It is council policy to grant an introductory tenancy to new tenants of permanent accommodation. The introductory tenancy regime operates as an exception to the usual security of tenure of a local authority housing. During the first 12 months of a new tenancy (the introductory period) the Council can seek a possession order from the Courts subject to certain procedural requirements but without having to prove grounds for possession as with secure tenancies.
Mediation
Mediation is a way of trying to deal with disputes between neighbours or other groups of people without the need to go take legal action Court. The aim is that the parties can discuss their disagreements on common ground in a relaxed environment and hopefully reach an agreement. Mediation will be recommended to parties if it is appropriate to the problem. If the parties agree the estate manager will refer the parties to a Mediation Service.
Neighbourhood Ranger Scheme
Housing Management employs Neighbourhood Rangers to patrol housing estates. The aim of the service is to provide a link between the Housing Service and other Council Departments and other agencies ensuring that issues on the housing estates are dealt with quickly and efficiently.
Environmental Improvements
The estate managers regularly go out and visit their patch to assess areas where improvements can be made that will in turn deter anti-social behaviour. Examples of this would be improved lighting, security, rubbish clearance, designing out hiding places, removal of abandoned vehicles, access to leisure facilities for children.
Acceptable Behaviour Contracts (ABCs) and Parental Control Agreements (PCAs)
These are individual agreements between a young person, deemed to be causing anti-social behaviour, and the local authority, as landlord, and the police whereby the young person agrees not to carry on with certain acts of anti-social behaviour.
They are commonly used by local authorities as a way of combating anti-social behaviour on housing. They are seen as last attempt to stop anti-social behaviour before legal action is taken.
PCAs are the same as ABCs but are used when the young person is under the age of 10. The parent or guardian signs.
Multi–agency partnerships
Housing Management recognises that the development of effective strategies to prevent and deal with nuisance behaviour requires a multi-agency approach with the input of a range of agencies and other council departments. Liaison at an early stage to find out what each agency can and can’t do and to identify the problems from their different perspectives will hopefully lead to effective strategies being developed and the avoidance of taking legal action.
Housing Management is a member of:
- Kingston Crime and Disorder Reduction Partnership
- The Multi-Agency Anti-Social Behaviour Action Planning Group
- Racial Harassment Panel
- Domestic Violence Forum
- Homelessness Forum
The Multi-Agency Anti-Social Behaviour Action Planning Group will meet each month to share information on perpetrators of anti-social behaviour or those who give cause for concern and discuss possible interventions and remedies. Members of the group include
- Housing Services
- Environmental Health
- Legal Services
- Kingston Police
- Youth Offending Team
- Probation Service
- Community Safety Officer
- Local Registered Social Landlords.
The Council’s targets and action plans relating to preventing anti-social behaviour through multi agency working are detailed in full in the Crime, Disorder and Anti-Social Behaviour Reduction Strategy 2002-2005 - see Related Documents at the foot of this page.
Youth Projects
Through the Crime and Disorder Reduction Partnership the Council promotes diversionary activities for young people committing anti-social behaviour or at risk of doing so through the following;
- Mentoring schemes;
- Education schemes;
- Projects at youth centres for young people;
- Restorative conferencing;
- Reparation activities;
- Junior Citizen scheme;
- Citizenship programme;
- Initiatives to reduce unauthorised absence from school;
- Identifying and working with young people where they congregate;
- Working with young unemployed to build self esteem, confidence, personal motivation and help in finding employment or further education.
Floating Support
The Floating Support Service for Older People exists to help people remain in their existing homes by offering a range of practical advice and facilitating access to various services offered by both statutory and voluntary agencies. The Floating Support for Older People Service accepts clients who are over 55 years in general needs council housing.
Publication of action taken
Where the Council is required to take legal action to deal with cases of anti-social behaviour the media will be alerted and the Council will issue a statement concerning the matter. Legal successes will also be detailed in residents' newsletters. Details of multi agency successes will be agreed with partners eg ASBOs.
Support for Vulnerable Perpetrators
Causes of anti-social behaviour are linked to wider social exclusion problems including poverty, family breakdown, mental illness, drug and alcohol misuse and community disorganisation.
Housing Management will work with the individual or family causing the problem to ensure that they have appropriate advice and access to any relevant support groups that they may need to assist with finding a solution to the problem. If this approach fails to deal with the anti-social behaviour or if the individual or family reject any advice or assistance then further action will be taken as appropriate.
Supporting Witnesses
In most cases of anti-social behaviour witness evidence is crucial for the case to succeed. Witnesses will be provided with the level of support they require from the commencement to conclusion of the case. This may be anything from simply providing assistance with transport to Court and explaining the legal procedures or in extremely serious cases it may be in moving witnesses to another location. In some cases housing staff may be able to give provide evidence to the Court or the witnesses behalf or provide there own evidence. If appropriate witnesses will be referred to a support agency eg Victim Support, Kingston Voluntary Action.
The County Court can also provide support for witnesses through the Witness Liaison scheme.
It is also possible for the Council to employ professional witnesses to gather evidence on the case. This is a costly option and will only be used in extreme cases.
Data Protection, Information Exchange And Confidentiality
Sharing of information is integral to dealing with anti-social behaviour problems. When officers are sharing information with other agencies they need to be aware of importance of confidentiality and date protection in.
Section 115 of the Crime and Disorder Act 1998 makes it lawful for organisations engaged in multi-agency working to exchange information as part of a strategy to reduce crime and disorder. In addition the police have common law powers to disclose information to anyone for the prevention and detection of crime.
Personal details should not be given to another agency without written consent of the person concerned. Anonymous data can be supplied so long as it doesn’t identify any individual.
In considering whether to share information the issue of public interest needs to be balanced against the individuals rights. In doing so the following will be considered:
- Is there an overriding need to prevent crime, disorder or other public safety threats?
- Is it necessary to protect vulnerable people?
- Is there another way of tackling the problem?
- Is the sharing of information proportionate to the intended aim?
When requesting information from the Police/other agencies the Information Sharing Protocol will be followed.
Training Staff
It is imperative that housing staff are confident and efficient at dealing with complaints of antisocial behaviour. To do this they need to have a firm knowledge of problems of anti-social behaviour, the law and what can and can’t be done to tackle a complaint. This will be achieved by the following;
- Regular attendance on training courses, seminars or conferences on anti-social behaviour;
- Regular attendance on courses on subjects associated with anti-social behaviour eg racial harassment, other forms of harassment, mediation, support for victims, support for vulnerable people.
- Monthly discussions with line manager regarding open cases;
- Staff being informed about changes to policy and procedure and provided with any necessary training.
- Ensuring that new staff become familiar with the councils current polices and procedures and are given guidance by a senior member of staff.
Part Two – Statement of Procedures
Making a Complaint of Anti-Social Behaviour
Complaints about anti-social behaviour should be made to the estate manager (a list of contact numbers is detailed below). The estate manager will take a report and assess the appropriate way forward. In a lot of cases the first question that will be asked is whether the complainant has spoken to the person concerning this matter. If the answer is no the complainant will be asked to do so unless the anti-social behaviour is regarded as high level or there is another particular reason not to approach the perpetrator. Guidance will be given on how to approach the issue. The complainant will also be given a diary sheet to keep a record of incidents and will be given some general advise. The estate manager will complete an action plan and advise the complainant of any immediate action that will be taken.
If the Estate Manager has reason to believe that the problem may amount to a statutory nuisance under the Environmental Protection Act 1990 the complainant will be advised to report it to the Environmental Health Department. They can serve an Abatement Notice on the person causing the nuisance which may well bring a prompt end to the problem.
Where the problem is serious and involves threats, verbal or physical abuse or assault the complainant will be advised to report it to the police as well.
If the complainant and/or their family are in obvious danger they will be provided with temporary accommodation.
If a translator or signer is required the Estate Manager can make arrangements for this through the Kingston Interpreting Service.
After the problem has been reported it is vital that the complainant continues to log incidents and keep a record of any continuing anti-social behaviour. If other local residents are suffering with the same problems the complainant should try to encourage them to report the problem as well and keep a record any incidents. This will all help to deal with the matter quickly and efficiently. If the complainant is unable to provide a written record of incidents the estate manager can provide a Dictaphone. Any evidence provided in foreign language can be translated into English.
Processing a Complaint of Anti- Social Behaviour
The complainant will be provided with the name and telephone number of the estate manager that will be dealing with their case.
The estate manager will interview the person (s) alleged to be causing the problem unless the complainant requests that they do not want this to happen. It is difficult for the matter to be pursued if the complainant refuses to allow the perpetrator to be approached.
The estate manager will investigate the complaint and assess the appropriate action. This will be discussed with the complainant and their wishes remain paramount. If the problem is considered to be of a low level the perpetrator will be sent an informal warning letter and the situation will be monitored for 3 months. If the problems become worse during that period further action will be taken. A formal warning letter will be sent to the perpetrator and the parties may be offered mediation.
If the anti-social behaviour is considered to be of a medium or high level Housing Services will take more formal action and with the complainant’s agreement, will involve other relevant agencies that may be able to assist.
If the problem concerns the behaviour of children then Housing Management together with Kingston Police may consider it appropriate to draw up an Acceptable Behaviour Contract (ABC). Failure to adhere to the ABC could lead to an Antisocial Behaviour Order being made by the Court and/ or the young person’s household being evicted from their home.
Whatever action is decided the complainant will be kept informed of what is happening and of any decisions made about the case.
Time Scales
The complainant will be interviewed within five working days of making a complaint. When the incident is of a serious nature an interview will be carried out within 24 hours. Details of the interview will be confirmed in writing.
The alleged perpetrator will then be interviewed within a further five working days. If the matter is of a serious nature an interview will be carried out within 24 hours and it may be necessary for the police to attend.
If the alleged perpetrator refuses to attend an interview or is unavailable an informal warning letter will be sent within 10 working days. The complainant will be informed of any difficulties in contacting the alleged perpetrator
All open cases are monitored on a monthly basis. The estate manager will telephone the complainant each month and more often if appropriate to ascertain the current situation with the complainant.
If all appears to be resolved after 3 months the case will be closed. The parties will be notified when the matter is closed. Cases can be reopened if further incidents occur.
Complaining about how your case has been dealt with
If the complainant is not happy with the way that their complaint about the ASB has been dealt with, they should alert the Senior Estate Manager or Area Manager immediately. The matter will then be looked into in line with the Council’s Complaints procedure. The Complaints Procedure is available on the Council’s website www.kingston.gov.uk or in leaflets available at the Council Offices on the Guildhall complex and at all the neighbourhood housing offices.
If after following the Council's complaints procedure the complainant is still unhappy they can complain to the Local Government Ombudsman.
Supporting Complainants
The Council will deal with all complaints of anti-social behaviour promptly and efficiently.
Complainants will be kept informed of any developments relating to their complaint and with their agreement will be referred to appropriate support services.
An information pack of leaflets regarding anti-social behaviour is available from Neighbourhood Housing Offices or on request to estate managers.
The following are examples of some of the ways in which the Council will provide support to those who are experiencing anti-social behaviour:
Contact with the Estate Manager
Complainants will have regular contact with the estate manager through visits to their home, telephone calls and letters. Complainants are able to telephone their estate manager or make an appointment to see them at the estate office whenever they feel the need.
Patrol of the area
When a complaint of anti-social behaviour is received the estate manager can ask for the area to have increased patrols. This may be by the Neighbourhood Rangers, Police Officers or a Community Safety Officers.
Kingston Interpreting Services
If the complainant requires a translator or signer, information in Braille or large print , assistance with reading or writing or any other particular help with communication the estate manager will make arrangements with Kingston Interpreting Service.
Counselling service
If the complainant requires a counselling service or information regarding support groups the Estate Manager can make arrangements for the complainant to be put in contact with the appropriate agency eg. Victim Support, Kingston Voluntary Action.
Home Security
If a tenant has been the victim of burglary they can receive support through the Home Security Scheme. The tenant can receive a security survey of their home and if appropriate security improvement works.
It may also be possible for a home security survey in other circumstances. Tenants should make enquires to their estate manager.
Action that can be taken
Following investigation of a complaint the estate manager will make a decision about the most effective way to proceed, always having consideration for the complainant’s wishes.
The decision will be based upon the evidence and if necessary, after taking legal advice from Legal Services. Ultimately all those involved want the anti-social behaviour to stop and the Council will be seeking a long term and the most cost effective solution to the problem. The complainant will immediately be advised of that decision and will be kept well informed with the progression of the case. This will be monthly at the least but may well be more often depending on the case and if there are any significant developments.
Management Options (non legal action)
- Warning letters
- Mediation
- Acceptable behaviour contracts
- Management transfer
- Assistance from other Council departments or external agencies.
Legal Options
- Enforcing the tenancy conditions
- Possession Proceedings (eviction)
- Injunctions – prohibiting behaviour (with or with out power of arrest)
- Anti-Social Behaviour Order – prosecution for breach
- Demoted Tenancies
- Other legal options (eg under Environmental Protection Act, forfeiture of leases, private action, criminal proceedings by police, closure notices).
Management options will always be the first action in cases of low to medium level anti-social behaviour. Legal options will always be a last resort unless the matter is high level anti-social behaviour or the Management options taken have failed deal with the problem.
Reporting and Recording
Record keeping and information collection are an essential component in monitoring the success or otherwise of any policy. It is notoriously difficult to accurately record incidence of anti-social behaviour largely due to the range of behaviour that can be classified as antisocial and the fact that cases can be dynamic and complex. However, unless incidents are recorded it is impossible to have any idea of the scale of the problem, current trends, whether remedial methods are working and to make improvements.
Estate managers complete anti-social behaviour monitoring sheets on open cases at the end of each month. These sheets detail the date the case was opened, the location of the incidents, the type of incident, what action has been taken, the current situation and the date closed. The information is collated and a monthly spreadsheet is produced to provide crucial statistical information. Such information is not only for internal use but is collated to meet the Best Practice and Audit Commission performance indicators.
When a case is completed the complainant will be asked to complete an evaluation form. This will assist the Council to monitor the service it is providing when dealing with complaints of anti-social behaviour and to make appropriate changes.
Useful Contact Numbers
| Housing Contact Centre | Freephone 0800 0778 416 or 020 8547 4656 |
| Disposal of syringes | 020 8547 5536 |
| Fly Tipping | 020 8547 5970 |
| Pollution Control | 020 8547 4719 |
| Noise | 020 8547 5536 |
| Racial Harassment | 0800 138 1662 |
| Domestic Violence | 0800 138 1680 |
| Homophobic Harassment | 0800 138 1702 |