Making a Complaint (ASB1)

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• Making a Complaint (ASB1)

The information on this page is also available in a printed leaflet as part of a Tackling Anti Social Behaviour Pack. Copies of this pack are available - ask your estate manager or you can download a copy below:

What is antisocial behaviour?

There are many definitions of antisocial behaviour but not a universal statement. A common definition is:

"Any behaviour which may cause, or be likely to cause, a nuisance or annoyance and which may be harassement, criminal, illegal and/or immoral behaviour."

There are many types of behaviour that may be regarded as antisocial. As a guide we have indicated different levels of antisocial behaviour.

This could be household noise, which occurs regularly and/or persistently during daytime hours. It is usually at a level that seems unnecessarily loud. Examples are television, music, vacuuming, children playing or ‘hanging around’, screaming, banging doors, heavy footsteps/thumping and noisy animals. Untidy or overgrown gardens can also be classed as low level.

This kind of antisocial behaviour will be similar in nature to the low level kind. The main difference is that it would be more persistent, at a much louder level and usually occurs during the evening and/or unsocial hours (11.00pm to 7.00am). It may include barking dogs, pigeon feeding, car/burglar alarms, late night parties, refuse dumping, squalid living conditions (where smells impact on other residents), noisy industrial equipment in residential dwellings and so on.

Antisocial behaviour at this level will be much more serious. The behaviour is usually deliberately intimidating or threatening and causes serious distress either as a one-off incident or is more persistent. Examples are drug taking/dealing, graffiti, vandalism, verbal harassment, physical assault, domestic violence, racial or other forms of harassment and aggressive behaviour.

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Bothered by noise or other antisocial behaviour by your neighbours?

Step 1:  Talk to the person causing the problem

The majority of complaints of antisocial behaviour are regarding noisy neighbours. Living in a community involves an essential element of give and take in order for normal life to function.

However, if you feel that the noise is unacceptable then try to have a quiet word with the neighbour. Many people are unaware that their enjoyment of loud music or other forms of antisocial behaviour are having an effect on their neighbours. They are likely to act more reasonably and considerately if the facts are politely brought to their attention. Voice your concerns in a calm manner and do not get into an argument.  If the situation becomes aggressive, walk way. At least you have tried.

If speaking to the neighbour does not improve the situation or provide an adequate response then there are several options available to deal with the problem.

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Step 2:  Report the problem

Tell your housing officer to the antisocial behaviour. They will take a report and assess the appropriate way forward. In a lot of cases the first question that will be asked is Have you spoken to the person concerning this matter?”. If you haven’t, you will be asked to do so unless there is a particular reason why you can’t. You will be given guidance on how to approach the issue, a log sheet so you can keep a record of the incidents and some general advice. Your housing officer will also interview the person(s) alleged to be causing the problem unless you do not want this to happen. It is difficult for the matter to be pursued if you refuse to allow the perpetrator to be approached.

Incidents may also be reported to the Environmental Health Department. If the problem is a statutory nuisance under the Environmental Protection Act 1990 they can serve an Abatement Notice on the person causing the nuisance. If the Notice is ignored or has no effect then a criminal offence has been committed and legal action can be taken.    

When the problem is serious and involves threats, verbal or physical abuse or assault you should report it to the police as well. Even if the antisocial behaviour does not directly affect you but you have observed it in the neighbourhood, you should still report it to the police, your housing officer or the Environmental Health Department. Incidents reported to the police are logged and contribute to crime statistics and will support preventative action and funding.  

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Step 3:  Continue to record incidents

After you have reported the problem it is extremely important that you and your household continue to log incidents and keep a record of any continuing antisocial behaviour. If other local residents are suffering with the same problems try to encourage them to report the problem as well and keep a record of any incidents. This will all help to deal with the matter quickly and efficiently. If you are unable to provide a written record of incidents then your housing officer can provide a dictaphone for you to speak into. If necessary, evidence provided in a foreign language can be translated into English.  

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What will Housing Services do?

Your housing officer will investigate your complaint and assess the appropriate action. If the problem is considered to be low level the perpetrator will be sent an informal warning letter and the situation will be monitored for three months. If the problem becomes worse during that period further action will be taken. It is not unusual for the problem to stop once the perpetrator has been made aware of it.

If the problem continues, a formal warning letter will be sent to the perpetrator and you may be offered mediation. For more information on mediation please refer to leaflet ASB 2 Mediation. You will also be given advice and support on how to deal with the problem and if necessary take legal action yourself. Please see leaflet ASB4 Taking Legal Action.

If the antisocial behaviour is considered to be of a medium or high level, Housing Services will take more formal action and, with your agreement, will involve other relevant agencies that may be able to assist.

If the problem concerns the behaviour of children then Housing Services, together with the police, may consider it appropriate to draw up an Acceptable Behaviour Contract (ABC). This is where the young person causing the antisocial behaviour agrees not to carry on with the specific actions listed in the ABC. Failure to adhere to the ABC could lead to an Anti-Social Behaviour Order (ASBO) being made by the court and/or the young person’s household being evicted from their home. For more information on ABCs see leaflet ASB3 Acceptable Behaviour Contracts.

Whatever action is decided you will be kept informed of what is happening and of any decisions made about your case. If you or your family are in obvious danger you will be provided with temporary accommodation.

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Taking legal action

 

Where the antisocial behaviour is serious and persistent and all other action taken has been unsuccessful, legal action will be taken. This may be seeking an injunction, commencing possession proceedings or applying for an Anti-Social Behaviour Order (ASBO).

Residents play an important role in legal action. Written evidence is vital when enforcement action is undertaken, and wherever possible residents need to be witnesses in court. When seeking an ASBO in the Magistrates’ Court, hearsay evidence may be considered, but that is not the case when seeking a Possession Order in the County Court.

Whatever action is taken it must be reasonable in relation to the seriousness of the problem. The Council cannot seek to evict a tenant for being a little inconsiderate to others or for children trying to amuse themselves in the school holidays. The legal route is not always the answer.

Before legal action is commenced the Council must believe that there is a fair chance of success.  

Injunctions can be sought to prevent certain behaviour or actions. The courts will not grant injunctions easily so the matter must be of a serious nature.

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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. 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.

All open cases are monitored on a monthly basis. If all appears to be resolved after three months the case will be closed. The parties will be notified when the matter is closed.

If possession proceedings are commenced the legal process can take several months. The first court hearing would usually be within six months of commencing the process. To reach the final eviction of a secure tenant the mattre would usually take over 12 months. The eviction of a non secure tenant should be faster and could be as little as one month after the Possession Order is granted. Obtaining an ASBO will take between three to six months. It is now possible to obtain an interim ASBO sooner.

Injunctions by their very nature are urgent matters and initially can be heard without the perpetrator being present. An interim ASBO can be made in days and the final ASBO when the perpetrator is present in approximately six weeks. These time scales are estimates based on previous cases and will be dealt with more quickly in the most serious cases.

We hope you have found this information helpful. If you have any queries please contact your housing officer.

Please note, if you are not:

• a council tenant
• living in council temporary accommodation
• living in one of the Council's hostels

but you need help/advice on tackling anti social behaviour or reporting it, visit the 'Help on anti social behaviour if you are not living in council property' page:

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