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ANTI SOCIAL BEHAVIOUR PROCEDURES

Document Control

Version Number: 0.4

Date Equality

Impact Assessment

completed:

N/A

Applicable To: All staff Date Approved by

Board: N/A

Responsible Officers: Kelly Davies Next Review Date: Ongoing

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Contents

Purpose 3

Making a complaint 3

Processing a complaint 3

Investigating the complaint 4

Repeat Victims 6

Prevention and Publicity 7

Case Management 7

Role of the CHO 9

Role of the SCHO

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Role of the ER

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Role of the SER

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Appendices

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Appendix 1 Types of ASB & possible remedies

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Appendix 2 Management Options

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Appendix 3 Legal Options

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Appendix 4 Steps to consider when determining appropriate action in ASB cases

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Appendix 5 – Flow charts

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Appendix 6 – Standard letters

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Appendix 7 – Risk Assessment

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Appendix 8 – Forms 28

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NPT Homes Anti-Social Behaviour Procedures 1. Purpose 1.1 This procedure sets out clear guidelines and responsibilities for dealing with complaints of anti-social behaviour (ASB). 2. Making a complaint of ASB 2.1 A complaint about ASB can be made;

In person

By phone

By letter

By email 2.2 Anonymous complaints will be recorded and investigated as far as possible. 3. Processing a complaint of Anti-social behaviour – Flowchart 5a 3.1 When a complaint is received we will record it and make an initial assessment of the seriousness and urgency of the case. 3.2 The most serious or urgent types of ASB could include;

Harassment due to race, gender, sexuality, disability, religion etc. (hate crime)

Threat of violence or actual violence

Criminal activity or serious breach of Tenancy Agreement 3.3 In these cases where possible we will aim to contact the complainant within 24 hours of receipt of the complaint. Urgent situations which could lead to violence, threats of violence or which could involve criminal actions must be referred to the Police as early on as possible and we must advise the complainant to contact the Police immediately. 3.4 Other types of ASB where there is no immediate threat to the complainant or others we will aim to contact the complainant within 5 working days. 3.5 Anyone who receives a complaint must be prepared to listen and take down the details. The details of the complaint must be passed to the relevant CHO as soon as possible (within 24 hours wherever possible). If the situation is serious the CHO should be made aware of this well within this time period. 3.6 Upon receiving the details of the complaint the CHO should follow the process map for dealing with ASB (flow chart 5a, appendix 5). 3.7 At this stage a decision must be made as to the next course of action and the ASB form completed to reflect the decision taken. Officers will be honest with complainants from the very start. We will not make promises that we cannot keep, for example by assuring complainants that a case will or won’t go to

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Court. Possible outcomes should also be discussed with the complainant from the outset. 3.8 Where the Community Housing Officer cannot deal with the complaint immediately e.g. they are on annual leave, this will then be picked up by the Senior Community Housing Officer and dealt with appropriately e.g. delegated to another Community Housing Officer, dealt with by the Senior Community Housing Officer in liaison with the Estate Ranger. 4. Investigating the complaint 4.1 Once a complaint has been received the next stage is to investigate and check the details so the appropriate course of action can be determined. This will usually mean visiting or interviewing the complainant and completing an Action Plan as part of the ASB form agreed by NPT Homes and the complainant and signed by both parties. The purpose of this is to agree what actions will be taken and who by. As well as how contact will be maintained. If no further action is to be taken this must also be agreed. The case may need to be closed and a confirmation letter sent to the complainant. 4.2 This meeting should include the CHO, area Estate Ranger and the complainant(s). Necessary risk assessments should be completed prior to any home visits. 4.3 Officers need to assess;

Whether the complaint is justified or if more investigation is needed

The seriousness of the situation

Whether the alleged victim is likely to need extra support

What further action, if any is likely to be required to bring about the most appropriate solution

Whether the complainant should be signposted to other agencies 4.4 If it is appropriate, in less serious cases, the complainant should be advised of the benefits of dealing with disagreements informally rather than through formal action by NPT Homes. The necessary information leaflets should be issued, e.g. What is ASB? Being a good neighbour etc. However this should only be done if there is no identified risk of violence or other risk. 4.5 The purpose of the interview is not necessarily to start building a case at this stage but is to gather information and provide re-assurance to the complainant. 4.6 Where complaints are found to be vexatious or malicious complainants will be informed that continuation of this behaviour may result in enforcement action taken against them. 4.7 The complainant should generally co-operate with the processes of the anti- social behaviour investigation and show a commitment to work with NPT Homes through all stages of the case.

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4.8 This may include:

Completing incident logs and witness statements as required.

Informing NPT Homes of ASB incidents as promptly as possible.

Refraining from making malicious or deliberately false allegations. If this is found to be true, enforcement action can be taken against that individual.

4.9 All complainants will be asked to complete NPT Homes risk assessment to identify the complainant’s vulnerability, if they are repeat victims, and their risk status. This will identify what support and referrals may be required. This will also be emailed to Neath Port Talbot Police, Repeat Victim Officer. 4.10 When appropriate, the complainant should also be provided with the contact details of relevant support bodies such as Victim Support etc. They should also be advised under what circumstances they should contact the Police. 4.11 Weekly meetings and regular communication must take place between the CHO & ER to discuss and update all cases and agree actions to follow. These discussions should also cover Estate Management type issues. SCHO & SER will attend meetings on a monthly basis. Officers are responsible for organising their weekly meetings. 5. Following actions 5.1 The Action Plan will guide officers as to the next stages. Where it has been agreed to contact the perpetrator this should be done as soon as possible after speaking to the complainant, to discuss the problem and complete the investigation. The aim of the meeting is to provide the alleged perpetrator with an outline of the complaint (without disclosing where it has come from) and give the alleged perpetrator an opportunity to respond. 5.2 Attempts to contact the alleged perpetrator must be recorded in the chronology. If it is not possible to contact the alleged perpetrator after two attempts the CHO should discuss the case with the SCHO and ER for the area and agree and document the next actions. 5.3 Where an appointment is made to interview the alleged perpetrator QL should be checked and/or a risk assessment undertaken as appropriate. Where risk assessments suggest there may be a risk to staff, appropriate arrangements should be made for interviews, such as conducting in office. The interview should be carried out by the CHO and Estate Ranger. 5.4 At this stage the CHO & ER may need to liaise with the SCHO and the SER to determine the best course of action to resolve the situation as satisfactorily as possible 5.5 Options to be considered according to the circumstances of the case include;

Close the case if no further action is required or is possible at this stage

Continue investigations if further evidence is required

Take action to support the alleged victim

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Facilitate mediation between those involved to overcome clashes of lifestyle

Enforce the conditions of the alleged perpetrators tenancy (see appendix 2)

Commence legal action against the alleged perpetrator (see appendix 3) 5.6 The aim is to find a solution and an outcome that suits the situation rather than follow a step by step approach which can delay action and lead to an overly-beaurocratic process. 5.7 If counter allegations are made by the alleged perpetrator they will require investigation. All counter complaints, investigations and actions taken must be recorded on the chronology. 5.8 Where there are witnesses to the alleged anti-social behaviour these witnesses should be contacted and statements of events and facts taken (appendix 8). Witnesses will be supported throughout the process by NPT Homes. 5.9 Where there is no clear evidence, or potential lifestyle differences, then mediation may be an effective remedy. If appropriate this must be offered and carried out at the earliest opportunity. Both parties need to agree to this intervention. In some circumstances, where mediation is not an appropriate tool, a good neighbour agreement or acceptable behaviour contract could be considered. See appendix 2; management options for details on these options. 6. Repeat Victims 6.1 Repeat victims will be identified and assessed through the risk assessment. The action required to support repeat victims appropriately will be determined and the victim will be provided with the necessary support from NPT Homes. Risk assessments will be completed on all cases are shared with the Police by emailing to PC Ann Dineen at the ASB Unit. (see appendix 5 for details) 6.2 In cases of repeat complainants the risk assessment will be completed to assess vulnerability and the appropriate support provided. If there is a significant change in circumstances the Risk Assessment should be reviewed. 7. Prevention and Publicity 7.1 NPT Homes recognises that prevention of ASB is the most important service to our tenants. To do this we will;

Make available a range of material to assist tenants and residents who feel they are victims of ASB

Provide information and guides to tenants about NPT Homes ASB Policy

Publicising successful legal action against perpetrators of ASB as well as any prevention or intervention work undertaken by NPT Homes in, for example relevant Newsletters, and press releases and other information initiatives to reassure our residents of our commitment to addressing ASB.

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7.2 Under S115 Crime and Disorder Act 1998 (as amended), where appropriate, we will share information with partner organisations in order to prevent or detect Crime and Anti-Social Behaviour and conduct joint or multi-agency investigations 8. Case Management and Record Keeping – Flowchart 5b 8.1 Recording cases in the shared drive

Open the ASB folder in the Landlord service shared folder.

Open the CHO area sub folder

If the complaint is new create a folder under the address where the alleged anti-social behaviour is being committed. Open a new ASB form and enter all the details of the complaint. If there is an existing case locate the correct address and update the chronology of the ASB form.

If the decision is made that the complaint is not of Anti-social behaviour advise the complainant of this and provide advice on ways they could address the problem. Send out any relevant information, such as ‘What is ASB’, How to be a good neighbour’ leaflets etc. refer them to the PACT meeting. Record all details in case of future complaints and record all advice given.

If decision made that complaint is ASB or possibly ASB then arrangements to be made to meet with complainant to discuss in more details (home visit, office appointment). Consult the area Estate Ranger to check when they are available to carry out the joint visit.

At meeting the Action Plan should be completed and agreed by all parties. Actions may be for the CHO, the tenants, the Estate Ranger and possibly other agencies.

The chronology of the ASB form must be updated to evidence actions carried out, contact / discussions / information from tenants, residents, colleagues, other organisations etc. all information in relation to the case should be added here.

Copies of letters, interview notes, diary sheets, noise monitoring recordings etc must all be saved within the folder.

9. Recording cases on QL – see training slides

All complaints are to be logged on QL giving a brief outline of the complaint. A case / QL number will be generated from this.

The case monitoring form and customer feedback from will be set up as a questionnaire linked to the complaint number. This must be continually updated throughout the case.

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10. Closing cases 10.1 Cases may be closed in the following circumstances:

One off incident and no further reports after four weeks.

No evidence of anti-social behaviour.

Resolved due to low level intervention e.g. mediation; warning.

Resolved due to high level intervention e.g. legal action.

Complainant fails to co-operate in legal action e.g. by failing/refusing to supply statements without good reason.

Perpetrator moved from property.

Case referred to another agency e.g. Environmental Health; Police as NPT Homes is unable to take action.

Complainant is viewed to be acting in an unacceptable manner, e.g making malicious or vexatious complaints. In these cases action may be taken against the complainant.

10.2 The decision to close a case will be made by the Community Housing Officer and area Estate Ranger. The case will be closed on QL and the detail of the closure is to be entered on the Chronology. The reasons for reaching this decision must also be recorded. The case monitoring questionnaire on QL must be updated to reflect actions and interventions taken as well as the reason for closing the case. 10.3 Once a case is closed the Community Housing Officer should write to the complainant to advise the case has been closed. The letter should state that the case may be reopened if necessary. 10.4 All the original documents should be saved on the Shared Drive 10.5 The Community Housing Officer should contact the complainant and complete the customer satisfaction questionnaire about the service received. This questionnaire is linked to the QL complaint number. 11. Additional Guidance 11.1 Appendix 1 highlights a number of examples of Anti-Social Behaviour and possible remedies available to resolve cases of ASB. 11.2 Appendix 2 highlights the management options available for you to consider when dealing with an anti-social behaviour case. 11.3 Appendix 3 highlights the legal options available for you to consider when dealing with an anti-social behaviour case. Legal options should be considered in the following circumstances;

Previous action, including an interview with the alleged perpetrator, has failed to put a stop to the anti-social behaviour

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Immediately on hearing of very serious cases of anti-social behaviour where there is a threat to the safety of tenants or staff

Where there is a clear breach of the specific terms of the tenancy agreement or the lease or other actions that amount to a ground for possession

Where the anti-social behaviour is sufficiently serious, frequent or prolonged, to indicate that legal action will succeed

11.4 If unsure of the appropriate action to take discuss with Senior Community Housing Officer. Legal options may require the advice of our legal representatives. 11.5 Appendix 4 highlights the steps to consider when determining appropriate action in ASB cases. Officers should refer to this section for guidance when considering the appropriate action to take. 11.6 Appendix 5 provides flowcharts to follow throughout the process. 12. Performance Monitoring 12.1 The focus of NPT Homes will be on achieving appropriate outcomes in individual cases, appropriate outcomes will be discussed with the complainant at the outset and will be measured through feedback from tenants and residents. (Case monitoring form) 12.2 To ensure we are meeting our commitments of the ASB policy we will also measure a range of quantitative measures; CHO’s / ER’s will need to gather the following quantitative information (through the case monitoring form);

New ASB complaints received each month.

The type of complaint by category

ASB complaints closed each month and the reason.

ASB cases outstanding after 60 working days.

Referrals to other services.

Solutions and interventions taken to resolve cases and the outcomes of these

Legal action taken as a result of a complaint and its outcome. 12.3 SCHO will be able to monitor these through the reporting systems in QL. 13. Role of the CHO 13.1 The Community Housing Officer is responsible for dealing with complaints or reports of Anti-Social behaviour in their areas. This will include assessing the issues and determining the appropriate course of action required. The CHO will work closely with the Estate Ranger for their area, and seek their advice to find ways to resolve the issue. 13.2 The CHO will be responsible for;

Handling the initial complaint and recording on the ASB form

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Determining if the complaint is of Anti-Social Behaviour and the next actions to be taken

Providing initial advice and information to the complainant

Contacting the area Estate Ranger to discuss the complaint / situation

Undertaking interviews and statements with all relevant parties, with the area Estate Ranger.

Where appropriate issue Diary sheets and explain how to complete them, the importance of them and the date they must be returned.

Completing an Action Plan to reflect the actions required to resolve the situation

Working with the Estate Ranger for their area to consider practical solutions, appropriate interventions and actions required from them

Making referrals to relevant support services and liaising with relevant partner agencies, such as the Police

Attending multi agency meetings and site visits as required

Interviewing and warning alleged perpetrators and enforcing the tenancy agreement

Considering reasonable and proportionate legal action and attendance at Court

Regular case reviews

Closure of case 14. Role of the SCHO 14.1 Senior Community Housing Officers and Area Managers will provide support and guidance to CHO in aspects of decision making. 14.2 The SCHO will be responsible for;

Allocating initial complaint to CHO in absence of the area CHO

Holding regular case review groups with appropriate officers

Providing advice on the appropriate steps to take in cases to staff

Supporting the CHO where required at meetings relating to ASB complaints

Attend multi agency meetings as required

Dealing with any complaints about the service provided

Providing support and guidance to CHO’s where required in relation to closing cases, progressing legal action

Attending Court where appropriate

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15. Role of the Estate Ranger 15.1 The Estate Rangers, working in conjunction with the CHO for their areas and other agencies, such as the Police are responsible for resolving and monitoring issues of Anti-Social Behaviour in their areas. Their role covers a range of tasks and can include

Identifying practical solutions to preventing and resolving issues of ASB, such as advising tenants on noise levels, fitting door stoppers, moving speakers away from walls etc.

Carrying out investigations and gathering evidence as directed by the Action Plan for the case, including installation of CCTV, NME and arranging patrols when appropriate around the information provided on the Incident Logs.

Undertake door knocking exercises or letter drops where relevant e.g. misuse of communal areas

Carrying out mediation between disputing parties when able to remain impartial

Providing advice, support and reassurance to residents, complainants and witnesses

Providing the appropriate level of support to repeat victims as identified by the risk assessment

Ensuring accurate records are kept and entered into the ASB case chronology

Patrols or Estate Walkabouts with residents, tenants, PCSO’s, in areas of ASB hotspots, to locate areas of ASB & to prevent ASB

Co-ordinating tenant and resident meetings to discuss issues of ASB

Coordinating regular advice surgeries for people in the area and publicising these through leaflet drops, social networking and the tenant newsletter.

Attend Community Events organised by other organisations in order to raise the profile of the service, look at further opportunities for joint working and maintain close working partnerships with other services working in the area

ASB prevention work, including attendance at PSE lessons in schools where required

Take statements off tenants / witnesses or providing professional witness statements and attend Court when necessary

Coordinate their own calendar to work around attendance at specific events e.g. when working 9 to 5 Monday to Friday, Estate Rangers can change their working hours from 12 to 8 if they need to attend a PACT meeting.

16. Role of the Senior Estate Ranger 16.1 The role of the Senior Estate Ranger is the same as the Estate Ranger but additionally is responsible for;

Providing support, advice and guidance to Estate Rangers

Monitoring the stock of equipment, such as CCTV, Sound monitoring

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Appendix 1

TYPES OF ASB AND POSSIBLE REMEDIES The table below shows the types of incidents we may deal with and what appropriate remedies may be suitable. However each case must be dealt with on an individual basis.

Type of nuisance

Remedies available

Noise (including shouting & arguing, playing loud music or TV and having parties)

Is it a one off? offer advice Incident logs Sound monitoring equipment Interview both parties Offer mediation where appropriate Liaise with other agencies such as the Police Enforce tenancy agreement - Warning letters, Legal action

Verbal Abuse / Harassment / Intimidation / Threatening Behaviour / Physical violence

Joint working with the police Warning letters CCTV / Sound monitoring equipment Enforce tenancy agreement – warning letters, legal action In some cases quick legal action should be considered

Hate Related incidents

Joint working with the Police Use of All Wales Hate Crime Toolkit Enforce tenancy agreement legal action

Vandalism / Damage to property

Joint working with the police CCTV Enforce tenancy agreement – warning letters, Legal action

Pet / Animal Nuisance

Enforce tenancy agreement – warning letters, legal action Estate Agreements

Vehicle Nuisance

Sign post to other agencies such as police, NPTCBC Enforce tenancy agreement – warning letters, legal action Estate Agreements

Drugs / Substance Misuse

Joint working with police, other agencies such as Probation, YOT, TSS, WGCADA CCTV Enforce tenancy agreement – warning

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letters, legal action

Litter / Fly Tipping

CCTV Refer to fly tipping procedures Enforce tenancy agreement – warning letters, legal action

Misuse of Communal Area

Incident logs CCTV Joint working with the police Enforce tenancy agreement – warning letters, legal action

Prostitution / Sexual Acts

Joint working with the police Enforce tenancy agreement – warning letters, legal action

Criminal Behaviour / Crime

Joint working with the police CCTV Enforce tenancy agreement – warning letters, legal action

The term ‘anti-social behaviour’ clearly covers a wide variety of behaviour that can cause distress to the community. However we do not classify everything that is reported to us as ‘anti-social behaviour’. For example;

People mowing their lawns

People vacuuming

People walking across a wooden floor whilst wearing shoes

People using washing machines

Children falling out with each other

Cooking smells

Noise of a child playing in or near their home The above are considered to be everyday living noises or minor lifestyle differences rather than anti-social behaviour. They will not therefore be investigated as such. However people are not expected to have to endure unreasonable and persistent levels of noise nuisance. Some of the examples above could be a noise nuisance if they were to regularly occur late at night. Children playing ball games is not considered to be anti-social behaviour, unless those playing ball games are engaged in more serious nuisance, such as verbal abuse or criminal damage, we will not take action against children for playing ball games. This would be unreasonable and disproportionate. The remedies offered will be on a case by case basis. Consideration will be given to the gravity of the anti-social behaviour, any previous issues of ASB and the legal framework. Not all solutions will be appropriate in every case, for example mediation. Mediation will only be offered where both parties agree, there is no criminality, and where there is not an imbalance of power between the parties involved. Possession

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will be sought as a last resort, or when the anti-social behaviour is so serious that the only appropriate response is eviction.

Appendix 2 MANAGEMENT OPTIONS

Mediation Where appropriate mediation should be offered immediately in order for issues to be resolved quickly before any escalation to a point where mediation is less likely to be successful. Mediation should be carried out by an officer who has not been involved in the case, for example the ASB case worker or an ER who does not cover the area where the dispute is taking place. Mediation may not be appropriate when there is evidence of ingrained or long standing prejudice. However, it may be appropriate:

even if the other party is not a resident of NPT Homes in a neighbour dispute when there is not clearly a right side and a wrong side

Good neighbour agreements Good neighbour agreements are generally voluntary agreements between Landlord and tenants to promote positive behaviour. Good neighbour agreements can

show commitment from the Landlord to tackling ASB

Encourage residents to share responsibility and promote positive behaviour

Evidence commitment to wider strategies in operation within the community and demonstration of partnership working

Reinforce the terms of the tenancy agreement They can be used in conjunction with other enforcement and preventative measures to address anti-social behaviour. For example, tools such as Injunctions and Anti-Social Behaviour contracts. Diary Sheets / Incident logs If appropriate the complainant should be advised to keep a diary of events. Residents may be offered appropriate recording equipment if they have difficulty completing a diary. NPT Homes standard Diary Sheet / Incident log should be supplied but other ways of recording the incidents are acceptable. Each member of the household wishing to record details should keep their own diary as a personal record. A diary helps the Complainant (victim) and NPT Homes to monitor the situation and to review the best courses of action over time. It is important that it is accurate as it may form part of the evidence in a legal case. A diary should:

Record the time and date of any incidents.

Only record incidents that have been personally heard or experienced by the person filling it in.

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Record the effects on the person filling it in. Copies should be kept on the resident’s file (ASB folder in the shared drive / Documotive) The Complainant (victim) should be advised to keep the original copies. Formal written Warnings If the CHO is satisfied, after monitoring the case, that the Anti-Social behaviour is on-going or sufficiently serious, and that there is a potential case for legal action, they should send a formal warning letter to the perpetrator. This warning may be sent at an earlier stage in extreme cases. The letter should:

a) Set out all the clauses in the tenancy agreement or lease that are allegedly being breached.

b) Inform the perpetrator that NPT Homes may take legal action if the acts of

anti-social behaviour do not stop immediately. If there has been a problem on a particular estate and a standard letter has been sent to all residents reminding them of their conduct, there is a need to put copies on all resident files as records of contact. If it can be shown that the alleged perpetrator received warning letters but still persisted with the conduct, then it makes it more likely that a judge will find it reasonable to grant any legal resolution sought. Working with Other Agencies The CHO and ER should liaise closely with any agencies involved with the victim or perpetrator. This will ensure sufficient and appropriate support is given and also assist in finding a solution to the incident and prevent further problems occurring. However, this should not be done at the expense of action against the perpetrator if this is required. Liaison with the Police In on-going cases of anti-social behaviour where crimes are being committed the CHO and ER should liaise with the police and victim to develop the most effective joint strategy for tackling the problem. The CHO may request that the police:

a) Exchange information on the identity of people suspected of perpetrating acts of anti-social behaviour and criminal offences. b) Respond to call outs from Estate Rangers / CHO where a breach of the peace or crimes appear to be taking place. c) Respond to requests from staff to stop and identify individuals who are trespassing on NPT Homes’ property where the police have reason to believe

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that a criminal offence has been or is about to be committed. Pass on their identity so that legal action against trespass may be taken. d) Give the evidence they have gathered in criminal investigations if NPT Homes takes legal action against the perpetrator.

e) Increase the number of patrols on an estate. f) Take part in community activities on the estate which give a message of the harm, distress and seriousness of anti-social behaviour, for example running a session with the youth club.

Tenant / Resident meetings When there appears to be either an individual or a group causing anti-social behaviour to a whole estate or neighbourhood this approach can be very useful. It can also be used where there are several agencies involved in providing support to a tenant. Meetings can also aid the development of good relationships between agencies to enable early intervention and promote co-ordinated planning.

This approach involves: - contact between all the agencies a clear plan of action a review of action

It is likely that the Estate Ranger will identify the need to coordinate a tenant / resident meeting and will be responsible for arranging this. Estate Agreement We will work with our tenants and residents to find local solutions to local issues. An estate agreement is a set of rules for the community drawn up by residents for the local area in which they live. For example, these rules may state that particular ball games are prohibited in certain areas. These agreements are targeted where low level nuisance has developed. Residents decide the content of the agreement and how it will be monitored. Empowering residents in the decision making process has proven to be an effective method of resolving issues of ASB. The Estate Rangers can facilitate and help to develop these agreements. Local Initiatives This could be the installation of CCTV. This would need to be considered on an estate by estate basis and agreed by the SCHO or SER or Head of Department. Residents may want a meeting to discuss the issue and decide a joint action plan. Acceptable Behaviour Contracts and Parental Contract Agreements Acceptable Behaviour Contracts and Parental Contract Agreements can be an appropriate option for youths instead of legal action. They are both contracts between NPT Homes in partnership with the Police, the offending youth and the parents or guardians of the youth.

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The only difference between Acceptable Behaviour Contracts and Parental Contract Agreements are that Acceptable Behaviour Contracts are aimed at youths aged between 10 –18 years old and Parental Contract Agreements are aimed at youths younger than 10. Some examples of behaviour that is seen as appropriate for the use of an Acceptable Behaviour Contract or Parental Contract Agreement is:

Vandalism or graffiti Playing music too loudly Shouting and swearing Drinking alcohol Spitting Playing ball games in communal areas

Both contracts have a date when they will be enforced. The signing of the contract involves the offender, their parent or guardian, a Police Officer and the CHO/ER. If the contract is breached then NPT Homes in partnership with the Police or the Local Authority may proceed with legal enforcement action. Any application for legal action is likely to be more successful if the offender had a former chance with an Acceptable Behaviour Contract or Parental Contract Agreement and has broken this. Acceptable Behaviour Contracts or Parental Contract Agreements are in force for 6 months. If after 6 months the youth has not breached the contract then a new one is not issued. Transfers and Allocations It is NPT Homes policy to take action against perpetrators of anti-social behaviour that could result in their eviction but, in certain cases, the transfer of a victim may be the only realistic option available. Often the victim will request a transfer to alternative accommodation when first interviewed. If such a request is not made, it may be advisable to make the tenant aware of their entitlement to be considered for Transfer. Action to identify and take action against the perpetrator should always be the first and main priority. Transferring the victim may relieve their stress but may make things more difficult in that area for other people. A transfer may also be seen to publicly reward the bad behaviour of the perpetrator by giving them exactly what they wanted. We will aim to resolve the anti-social behaviour not move the complainant, other than in exceptional circumstances. Emergency Transfers In a case where the safety and wellbeing of a family is placed in serious jeopardy, the CHO should consider an Emergency Transfer, if possible, (see Allocations Policy). The CHO must produce a report of why they are recommending a management transfer and submit it to the Head of Landlord Services.

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Where an Emergency transfer is agreed, NPT Homes will seek to make an offer as soon as suitable accommodation becomes available. This is subject to the needs of other cases that have also been assessed as emergency moves. The offer of alternative accommodation should not be of a lower standard and meet the criteria as set in NPT Homes Shared Lettings Policy. Transfers for serious anti-social behaviour (e.g. violence, harassment) must not be withheld on the grounds of rent and/or service charge arrears or breach of another term of the tenancy agreement. Emergency Re-housing In the event of the need for emergency re-housing which NPT Homes is unable to meet, the CHO should liaise with the local authority and other registered social landlords to see if they can provide temporary accommodation, pending an offer of a transfer by NPT Homes. The victim should be considered by the local authority to be homeless unintentionally and in priority need under Section 7 of the Housing Act 1996 if he/she and his/her household are unable to remain in their home due to violence / harassment. This may, for example, be because of vandalism to their home or threats of violence. If this is the case, the local authority may provide temporary accommodation. Continued Support Suitable property may not be immediately available, so it is important that the victim continues to receive support while they are waiting to move. Once the household has moved, continued support maybe required, this may involve a referral to TSS or other agency.

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Appendix 3

LEGAL OPTIONS This section outlines the powers currently available to NPT Homes. The Community Housing Officer should consider legal action when:

Previous action, including an interview with the alleged perpetrator, has failed to put a stop to the anti-social behaviour

Immediately on hearing of very serious cases of anti-social behaviour where there is a threat to the safety of tenants or staff

Where there is a clear breach of the specific terms of the tenancy agreement or the lease or other actions that amount to a ground for possession

Where the anti-social behaviour is sufficiently serious, frequent or prolonged, to indicate that legal action will succeed

The CHO should discuss the legal action they wish to pursues in each case with the SCHO and agree the best way forward. The Community Housing Officer may need to seek the advice of NPT Homes solicitors and other bodies such as the police, when deciding the way forward. The best option will depend on the circumstances of each case. Even where the police are considering legal action it may still be appropriate for NPT Homes to initiate action against a resident because:

The criminal justice system may not bring a speedy enough solution

The burden of proof in criminal cases is higher and there may not be sufficient evidence for the Crown Prosecution Service to bring or win a case

The crimes committed may not attract custodial sentences and possession action would be a more effective way of safeguarding the victim

What enforcement action can we take against perpetrators? Enforcement action can be effective in both stopping and preventing ASB. As a social landlord the following powers are available to us; Injunctions Injunctions are to be agreed in consultation with the Senior Community Housing Officer / Operational Manager. Where possible, they should be used before taking action to recover Possession, but in more serious cases both actions may be required. NPT Homes may seek either a permanent or temporary injunction against a tenant to enforce the terms of the tenancy or lease. If the tenant then breaches the terms of the injunction NPT Homes could return to court to seek redress. The court may fine the resident or impose a custodial sentence.

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Under the Housing Act 1996 NPT Homes can ask for the power of arrest to be attached to an injunction for a tenant, if it is to enforce nuisance clauses in a tenancy agreement. This may apply in harassment cases. This means that the police may arrest someone without a warrant if they have reasonable cause for suspecting that they are in breach of the terms of their injunction. Injunctions may also be attached to possession action. For example, in a case where a resident is threatening the safety of other residents, an interim injunction may be obtained to exclude them from their home and the estate pending the outcome of possession action. It is also possible to take out injunctions against individuals who are not residents of NPT Homes and who are coming on to an estate and causing anti-social behaviour. NPT Homes will consider action if there is evidence that the individuals are behaving in an anti-social manner and causing distress to tenants. They do not have to be committing criminal acts for this action to be taken. If children are causing the problem and their identity is known, the Community Housing Officer/Estate Ranger should write to their parents or guardians. The letter should outline the nature of the complaint and ask the parent/guardian to ensure that their child stops causing a problem. In other incidents, if the identity of the alleged perpetrator is known, the Community Housing Officer should write to them individually and seek to make an appointment. If this does not work, NPT Homes may seek an injunction to forbid them from trespassing on its property. As well as prohibiting the anti-social behaviour the Crime and Policing Act 2014 introduced the options for injunctions to also include positive requirements to help the individual deal with any underlying causes of their anti-social behaviour. Demotion Orders NPT Homes can apply to the courts for an order to ‘demote’ Assured tenants. This allows the Court to reduce the security of tenure for an existing tenant. If the Court is satisfied that it is reasonable to make the order the tenancy is replaced with a less secure form of tenancy where swift action can be taken to end the tenancy if the resident breaches their tenancy agreement. Possession Action If possession action is agreed, the Community Housing Officer should prepare the notice (in consultation with the Senior Community Housing Officer and / or a solicitor if required) setting out the grounds for possession. It should be served in person with a covering letter to give the alleged perpetrator the chance to discuss the matter again. Possession may be sought forthwith or suspended on terms that the resident abates the anti-social behaviour and abides by the terms of their tenancy agreement or lease. This is dependent on the seriousness of the case and in such cases, the

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courts must consider the impact on the victim and not judge the behaviour in isolation of any relevant circumstances. A new ‘Absolute Ground’ for eviction can be granted where the tenant, people living with them or visitors have been;

Convicted of a serious offence

Found by a Court to have breached a Civil Injunction

Convicted for breaching a criminal behaviour order

Convicted for breaching a noise abatement notice

The tenant’s property has been closed for more than 48 hours under a closure order for anti-social behaviour

Claims for Damages NPT Homes, as part of an action for an injunction or possession order, will seek to attach a claim for damages. The Community Housing Officer should recharge the alleged perpetrator for damaging property. In all cases NPT Homes will request that the defendant be made liable for the costs.

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Appendix 4 Steps to consider when determining appropriate action in ASB cases Eight steps are to be considered when discussing ASB cases and their progression to Court. These steps are: 1. Tenancy agreement / terms 2. NPT Homes Policy and Procedures 3. Evidence 4. How long has it been going on? 5. 3rd party agencies 6. Mediation 7. What would be a reasonable / proportionate remedy? 8. Is there an SPO in place? 1. Tenancy agreement / terms; Always check the tenancy agreement and quote exactly the clause that has been breached. Where multiple clauses are breached you must quote all the relevant clauses. The more of these clauses that are recorded as a breach, the more likely the Court is to awarded the legal action requested. 2. NPT Homes Policy and Procedures; NPT Homes Policy and Procedures always need to be checked to ensure everything has been looked at and documented before legal action has been considered. If this isn’t done the action requested may not be awarded based on a technicality. Always ensure that both sides have been spoken to. An objective view must always be taken until all the information has been collated and then an informed, professional judgement is made with how to progress with the case. 3. Evidence; The evidence accumulated must always be checked to ensure that the appropriate consent has been received and documented by the complainant / witness. If evidence is used without consent being given this could be taken to the ombudsman. Confidential data should always be clearly marked so that any person who has access to it knows immediately that it should be treated with the strictest of confidence. People often state they don’t want to give evidence due to fear or repercussions but this evidence can be used as hearsay evidence e.g. if six different households have complained about someone then the evidence can be presented as “several complaints have been received but due to fear of repercussions witnesses were reluctant to come forward.” However, there is a difference between people who don’t want to give evidence because they fear repercussions and not wanting to give evidence because they can’t be bothered. In these circumstances they need to be told that they need to “help us to help them.” 4. How long has it been going on? If Possession is being considered all of the evidence should be looked at. If a complainant has been completing diary sheets for three months but they have stated

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that the problem has taken place for two years a statement should be taken to that effect. Judges are more likely to award a full Possession rather than a Suspended Possession Order (SPO) if the persistency and severity of the issue is displayed. The importance of completing diary sheets / incident logs needs to be emphasised to complainants so that everything is recorded and in as much detail as possible. If a witness statement is needed in the future this will assist with jogging the complainant’s memory allowing for a more detailed statement being provided. Not all the incidents recorded on the diary sheets need to be used in a statement, the more severe could be picked out and detailed and the diary sheets can be used as invaluable supporting evidence. 5. Third party agencies; The Community Housing Officers thought process should question the incidents recorded on diary sheets, present this evidence to the perpetrator to see if they have any response to the incidents in question and also consider speaking with other neighbours or the Police e.g. if there was a party at the address which consisted of loud music, people drinking, fights in the street then other neighbours should have been witness to this and the Police may possibly have been called. 6. Mediation Mediation is a good tool to use to nip things in the bud when dealing with neighbours or noise. Some people may not realise they are causing a nuisance so having a discussion where all feelings can be put across can help to alleviate the situation. Currently the Estate Rangers offer mediation but they can’t always be totally impartial so Darlene Westlake from the ASB Unit has been asked to coordinate this on a few occasions. Support is also important for victims, especially if they see themselves as victims and if they are vulnerable. It is very important to evidence this as this could be raised in Court. It is also important to support perpetrators when it is reasonable and proportionate to do so. A victim matrix / risk assessment should be completed in all cases and the outcome of that used to make sure appropriate support is put in place. 7. What would be a reasonable / proportionate remedy? When looking at the legal remedies which are available to NPT Homes, Community Housing Officers should always choose the one which is the most reasonable and proportionate to deal with the issue. If someone has reported a one-off party all weekend, it wouldn’t be reasonable or proportionate to issues a Section 21 Notice. If the partying became persistent and there had been three weekends of parties, if the perpetrators have been warned previously that if they continue with this behaviour then an injunction could be sought to stop the partying happening for a fourth consecutive weekend. It needs to be documented that an effort has been made to inform the perpetrator of their actions and the consequences of continuing. If they were to breach this injunction they can then be summonsed to Court the next day and are likely to receive a warning for breaching a Court Order. If the perpetrator is on a Starter Tenancy and they breach the injunction, consider if serving a Section 21 Notice to end the tenancy is appropriate. If they are causing

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issues within the first year of their tenancy and not heeding any warnings then it is unlikely that their behaviour is going to change. If noise nuisance has occurred for a long period of time a Demotion could be served. This will give the perpetrator a last chance to rectify their behaviour. 8. Is there an SPO in place? If you are looking to go for Possession you should always check if there is a SPO already in place. Conditions could be added to this as a variation. Also is there any other order in place? For example, an injunction which may have been breached.

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Appendix 5

Flow charts

Flowchart 5a – Process map for dealing with Anti-Social Behaviour Flowchart 5b – Process map for recording complaints of Anti-social behaviour on the shared drive

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Appendix 6

Standard Letters 1. Case closure 2. Mediation request 3. Perpetrator letter – general 4. Perpetrator letter – low warning 5. Perpetrator letter – visit 6. Trespasser letter

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Appendix 7

Risk Assessments Risk Assessment 7A – To be completed with complainants of ASB to identify level of support required & repeat victim status. Risk Assessment 7B – To be completed with alleged perpetrators of ASB.

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Appendix 8

Forms

1. ASB Form 2. Chronology of events 3. Case monitoring form (& customer satisfaction questionnaire) 4a. Community Impact Statements generic 4b. Community Impact Statements specific 5. File notes 6. Disclosure request 7. Witness Statements