Anti-social behaviour

Anti-Social Behaviour

1. What is anti-social behaviour?

   Rather than being a one-off incident, antisocial behaviour (ASB) usually happens over a sustained period of time. It can relate to repeated cases of (this is not an exhaustive list):

   • Drug or alcohol-related nuisance, including illegal use of premises
   • Pet and animal nuisance, including using animals in a threatening way
   • Actual or threatened violence or physical abuse
   • Sniffing volatile substances, discarding needles/drug paraphernalia, crack houses
   • Indecent or offensive gestures
   • Verbal abuse, intimidation, threatening behaviour or loitering
   • Stalking, harassment and hate crime
   • Shouting and swearing, fighting, drunken behaviour, hooliganism/loutish behaviour
   • neighbourhood nuisance, including garden problems, littering and fly-tipping
   • vehicle nuisance, such as abandoned cars, joyriding or reckless driving

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2. What is not treated as anti-social behaviour?

   Normally, everyday living situations or problems related to divergent lifestyles are not treated as antisocial behaviour. These are low-level issues such as children playing, cooking or household smells, babies crying, D.I.Y carried out during reasonable hours, smoking a normal cigarette in one’s home, one-off party and other minor misunderstandings between neighbours. However, these can be dealt with as anti-social – even though they are low-level – when they happen regularly and deliberately.

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3. Is noise considered anti-social behaviour?

   Noise complaints are not normally considered anti-social behaviour. Some noise is part of everyday living and unavoidable, especially when living in a block of flats with shared facilities.

   However, local authorities have a responsibility, by law (Environmental Protection Act 1990), for making sure that noise levels are not harmful to health.

   Therefore, if you suffer from regular and excessive noise, you should report it to your local authority’s environmental health team.

   For further advice on noise nuisance click here: Noise Nuisance Leaflet

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4. How to report anti-social behaviour?

   Usually, as anti-social behaviour is about recurring problems, it is advisable to take notes every time that it happens. Log as many details as possible, including the alleged perpetrator, witness, the time and date of the alleged incident, detailing what happened, how long the incident lasted and its effect on you. Where it is possible and safe to do so, take photos or a short video to back-up your notes.

   Anti-social behaviour can be reported by to us by:

   • Phone:0208 709 4300
   • Email: enquiries@gatewayhousing.org.uk ,
   • Online Web form
   •  In-person at the reception.

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5. Can I talk to the person involved?

   It is good to talk to the person(s) – alleged perpetrator – concerned about how their behaviour is affecting you and your household, what could make things better, listen to their view and try to reach a compromise. Only do this if you feel comfortable and safe.

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6. What about crimes and emergencies

   When there is a crime or emergency, you should call 999.

   This includes situations when a crime is taking place, a suspect of a crime is in the vicinities when there is a danger to life, use or threat of physical violence.

   101 is the non-emergency contact number for any police force in England and Wales and it is available 24 hours a day, 7 days a week. Using this number can reduce pressure on the 999 system, allowing the police to prioritise emergency calls.

   You should call 101 if you want to talk to your local police officer, get crime prevention advice, or report a crime that does not need an emergency response (e.g. your car has been stolen; your property has been damaged; you suspect drug use or dealing; you want to report a minor traffic accident; you want to give the police information about crime in your area, etc.).

   You should also contact the police when you believe the problem to be domestic violence or abuse and harassment or hate crime relating to disability, gender identity, race, religion or sexual orientation.

   Police will do their utmost to deal with issues, but if do not want to them, you can anonymously report the matter to Crimestoppers on 0800 555 111.

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7. How does Gateway Housing Association deal with anti-social behaviour reports?

   If the problem is not a noise-related issue that your local authority should investigate or a Police matter, you should contact us. You can report the matter to us if you experience anti-social behaviour first-hand or if you have concerns about the welfare of a neighbour or relative. We acknowledge that some people would have the strength to report issues, but unfortunately, some would not and they may need help and support from others.

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8. What will we do?

   When you contact us, you will be asked some questions, in order to determine the category your case should be listed as.

   A case’s category is determined by the type of antisocial behaviour. We will need to know how frequent does the anti-social behaviour occur, how serious it is and whether or not the victim is vulnerable.

   Depending on the case’s category, we will determine the timescales for carrying out an interview and agreeing on an action plan with you. For high-risk cases, you will be contacted within 24 hours.

   We will use early intervention, in order to resolve a problem and restrict it from escalating. We take a supportive and flexible approach to solving issues of anti-social behaviour.

   To deliver a strong response and achieve a positive outcome against anti-social behaviour, we work in partnership with other agencies (Police, local authorities, mediation service providers, youth offending teams, local communities and other voluntary organisations).

   Usually, we will talk to all parties involved in a case of anti-social with the aim of stopping the anti-social behaviour. We will use various tools (mediation, multi-agency referrals, Acceptable Behaviour Contract or Agreement, warning, etc.) in our disposition.

   In every case of anti-social behaviour, completely in line with our strong values, but importantly, our policy and procedure, we will adopt a fair and reasonable approach when dealing with cases where there is reliable evidence to demonstrate continued poor behaviour.

   This approach includes making clear to those who cause harm that such behaviour is not acceptable and could have consequences.

   This is done in the context of the opportunity of them engaging with appropriate support services given to them to sustain their tenancy long-term.

   However, when this approach (which has been seen as best practice around the country for years) does stop the poor behaviour, it is entirely reasonable and proportionate that more formal action is considered.

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9. Can legal action be taken?

   We will aim to resolve matters peacefully through early intervention.

   However, legal action may be needed if early intervention does not work or if the behaviour is very serious. Depending on the case, there is a range of legal actions (civil injunctions, parenting orders, demoted tenancies, possession action to evict the perpetrator, etc.) that may be considered.

   Taking formal action is a lengthy process and requires extensive evidence. So, in such situations, we will need your full support, including providing a statement, for any legal action to be successful.

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10. What about confidentiality?

    We will not reveal any information that would make you identified to the alleged perpetrator when investigating anti-social behaviour cases.

    However, the alleged perpetrator may work out where the information had come from, depending on circumstances. Also, unless it is a criminal matter that the police have informed us of, we cannot, usually, take action against someone without speaking to them. This means that your identity is likely to become known.

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11. Community trigger

    The Anti-social Behaviour, Crime and Policing Act 2014 introduced specific measures designed to give victims and communities a say in the way that complaints of anti-social behaviour are dealt with.

    This includes the community trigger or anti-social behaviour case review, which gives victims of persistent anti-social behaviour reported to any of the main responsible agencies (council, police, housing provider) the right to request a multi-agency case review of their case – regardless of which agency is investigating the case – where a local threshold is met.

    The Trigger should only be used if no action has been taken as a result of repeat reporting of anti-social behaviour. The Trigger cannot be used to report general acts of crime which should be reported to the police.

     

    The use of the community trigger does not interfere with your right to follow your landlord’s internal complaint procedure; both processes can run at the same time.

    More detailed information on the process, including the threshold and how to apply, can be accessed by clicking on the link below:

    Tower Hamlets residents:  https://www.towerhamlets.gov.uk/lgnl/community_and_living/community_safety__crime_preve/anti-social_behaviour/asb_community_trigger.aspx

    Hackney residents:  https://hackney.gov.uk/report-crime

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