FOUR HOUSING GROUP ANTI-SOCIAL BEHAVIOUR (ASB) POLICY - Registered Office
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FOUR HOUSING GROUP
ANTI-SOCIAL BEHAVIOUR
(ASB) POLICY
Registered Office:
Three Rivers House
Abbeywoods Business Park
Pity Me
Durham
DH1 5TG
Tel: (0800 461 452)
Fax: (0191) 386 3974
1ANTI-SOCIAL BEHAVIOUR POLICY
Contents
Page(s)
Introduction and Policy Statement 3
Key Commitments 4
Types of ASB 5-6
Related Policies/Documents/Law 7
Reporting and Resident obligations 8
Partnership Working and our approach 9-10
Risk Assessments 11
Legal and Non-legal powers 12
Supporting those involved 12-13
Hate Crimes 14
Closing Cases 14
Managing Performance 15
Safeguarding 15
Publicising success
Staff Training 16
Data Sharing 16
Responsibility 16
Policy Reviews 16
Explanation of Terms 17 onwards
2“4 Housing group (4HG) and its subsidiaries Berwick Borough Housing (BBH) and Three
Rivers Housing (TRH) are committed to maintaining thriving, safe communities, and
recognise that Anti-Social Behaviour (ASB) can have a devastating effect on individual lives
and whole communities. 4HG and its subsidiaries will take swift action and take and effective
approach to challenge ASB. “
1.0 INTRODUCTION
This 4HG policy has been developed in line with the Anti-Social Behaviour Act 2003
and the Crime and Disorder Act 1998 ( as amended), which defines ASB as “acting
in an anti-social manner that caused or was likely to cause harassment, alarm or
distress to one or more persons not of the same household as the perpetrator.”
4HG recognises that ASB does have a harmful impact on communities and are
committed to ensuring that all residents living within our communities enjoy their right
to peace, quiet and security in and around their homes without disturbance or
interference from others.
2.0 POLICY STATEMENT
To further demonstrate our commitment BBH and TRH are both signed up to the
government’s RESPECT CHARTER and will deliver this standard inline with the ASB
strategy.
Section 218A of the 1996 Housing Act, as introduced by Part 2 (s) 12 of the Anti-
Social Behaviour Act 2003 requires Housing Associations to prepare a policy and
procedure on ASB and publish the following documents:
• Statement of policy on ASB (in the form of a customer leaflet)
• Statement of procedure on ASB (in the form of a customer leaflet)
• Summary of current policy and procedure on ASB
We recognise that if we fail to meet the standards set out within this policy ASB could
• Have a traumatic and substantial effect on individuals and families who are
suffering from any form of ASB.
• Have a severe detrimental effect on the local environment within our communities
• Make it difficult for us to develop sustainable communities that people want to live
in
• Have a negative financial impact on business resources
Where we have housing stock which is part of a multi tenure community we
recognise that our commitment must cover all residents living within those areas. We
will look to challenge ASB reported to us regardless of the tenure of the perpetrator
and do everything that is reasonably possible in order to deliver a high quality service
to all residents regardless of tenure.
33.0 KEY COMMITTMENTS
We will thoroughly investigate ALL complaints of ASB and neighbour nuisance we
will do this by -
• Taking swift, appropriate and proportionate action against those who commit ASB
and nuisance whether it is being caused by them, their visitors and or
family/household members.
• Risk assessing each case and the victim’s individual vulnerability.
• Supporting victims and witnesses of ASB, providing high risk cases with
specialist victim support trained Liaison Officer.
• We will always look to refer any perpetrator who is vulnerable to support
agencies in order to help sustain a tenancy at risk, recognising that bad
behaviour can be challenged and changed.
• Recognising that prevention is better than enforcement we will look to promote
intervention by working with local schools, youth clubs and other groups
educating youths on key topics and raising awareness on key social issues
associated with ASB.
• Work with all partners as part of a multi agency approach to tackling hot spot
areas and individuals. We will do this by being represented on Crime Safety
Partnerships, Local Multi Agency Problem Solving groups and attending local
meetings that are available in the area.
• In seeking to meet the RESPECT CHARTER commitments we will closely
monitor and measure the quality of the service we provide. By setting challenging
performance targets for staff to achieve we can report on progress made within
the service.
• To learn from each case by seeking feedback from both the victim/s and the
perpetrator in order to continually improve the service we provide.
• To keep complainants up to date and informed of progress or lack of progress in
a case.
• Support diversionary activities for young people.
44.0 TYPE AND CLASSIFCATION OF ASB AND SERVICE STANDARDS
The table below is to assist and understand the types of ASB we deal with and how
we classify them, it also shows the remedies we may use and the service standards
staff are expected to meet. Each case has to be dealt with on its own individual
merits.
Very Serious
Type of Nuisance Tools available Service standard
• Hate Crime, Involvement of solicitors Contact within 1
• Threats of violence/assault Involvement of relevant working day
• Intimidation/harrassment agencies such as Police,
• Domestic abuse fire service, ASB plan agreed
(sexual,physical, environmental health,
Emotional, financial) Youth offending teams, Incident Diary
• Criminality linked to the Schools. booklets provided
address Acceptable behaviour
• Supplying drugs, Drug agreements. Dedicated
production Parenting investigating
• Dangerous dogs. contracts/orders. officer
ASB injunctions
• Prostitution
ASBO Action within 1
Demoted tenancy working day
NOSP
Possession
Serious
• Noise nuisance Advice and support Contact within 1
• Drug use Interview parties involved working day
• Verbal abuse Mediation
• Alcohol related nuisance Liaise with partner ASB plan agreed
• Youth disorder agencies
Warning letters Incident Diary
Acceptable behaviour booklets provided
agreements.
Parenting Dedicated
contracts/orders. investigating
ASB injunctions officer
ASBO
Demoted tenancy Action within 5
NOSP working days
Possession
Minor
• Vehicle nuisance Basic advice given Contact within 1
• Parking disputes Sign post to working day
• Youth disorder (Police stop Environmental health
letter related) where applicable Action within 10
• Animal nuisance ( dog Mediation working days
barking/fouling) Warning letters
• Litter/ Fly tipping Acceptable behaviour
• Garden nuisance agreements
• Missuse of communal areas ASB injunctions
NOSP
• Vandalisim
Parental orders/contracts
5As the table shows there are many variations of what the term ‘anti-social behaviour’
can be, we are committed to tackling all types of ASB. However we do not classify as
ASB everything that is reported to us, for example;
• People mowing the lawn
• People using there vacuums at a reasonable time of the day
• People using DIY equipment at a reasonable time of the day
• People using washing machines
• Children falling out with each other
• Cooking smells
• Noise of a child playing in or near their home
Both BBH and TRH consider the list above to be examples of everyday living noise
or minor differences in lifestyle rather than ASB. They will not be investigated under
the ASB policy, the list is not exhaustive.
Although people should be expected to hear a certain amount of noise from their
neighbours, they are not expected to have to endure unreasonable and persistent
levels of noise nuisance. Some of the examples listed above could become a noise
nuisance if they occur regularly late at night or very early in the morning.
Cases of noise nuisance related ASB may be investigated by us and the relevant
Local Authority Environmental Health Team. In these cases we will seek to share
any information found.
It is the policy of 4HG not to fit “no ball games” signs to our communal areas or open
green spaces. We encourage children to have an active, healthy lifestyle and do not
consider children playing ball games as ASB. It is therefore recognised that unless
the children playing ball games are engaged in verbal abuse, criminal damage or
more serious nuisance we will not take action against the children playing ball
games.
The remedies offered are to be considered on a case by case basis through
agreement with the relevant property manager and the Safer Communities Co-
ordinator. Consideration will be given to the seriousness of the ASB, the victim’s
vulnerability risk assessment, the circumstances of the perpetrator, previous action
taken against the perpetrator and the legal framework.
Not all disposals will be suitable in every case, for example mediation. Mediation will
only be offered where -
• Both parties agree to process
• There is no criminality involved
• Where there is not an imbalance of power between the parties
• Mediation has been agreed between Investigating Officer and Safer Communities
Co-ordinator
Possession will only be sought as a last resort, except in very serious cases where
the ASB is so serious that the only appropriate response is eviction. This is at the
discretion of the Assistant Director of Operations/Group Director of Operations.
65.0 RELATED POLICIES/DOCUMENTS/LAW
In developing this policy, relevant legislative requirement, best practice case studies
and publications have been examined, refer to list below;
• Anti-Social Behaviour Act 2003 - extended powers to tackle anti-social behaviour
in local communities. Part 2 includes measures developing the use of injunctions
and introduces demoted tenancies
• Protection from Harassment Act 2007
• Equality Act 2010
• Racial and Religious Hatred Act 2006 (amended the Public Order Act 1986)
• Disability Discrimination Amended Act 2005
• Civil Partnership Act, 2004
• Gender Recognition Act 2000
• Policing and Crime Act 2009
• Crime and Disorder Act 1998
• Data Protection Act 1998
• Human Rights Act 1998
• Disability Discrimination Act 1995
• Sex Discrimination (Gender Reassignment Regulations) 1999
• Race Relations Act 1976 as amended (2000) (Section 71)
• Housing and Regeneration Act 2008
• Housing Acts (1985, 1988, 1996, 2004)
Policy
• 4HG Equality and Diversity Policy
• 4HG Customer Service Standards
• 4HG Domestic Violence Policy
• 4HG Hate Crime and Harassment Policy
• 4HG Safeguarding vulnerable adults and children Policy
Guidance
• Respect Charter June 2011, CIH, SLCNG and House mark
• Tackling ASB, a toolkit for social landlords, CLG
• Guide to Anti-Social Behaviour Tools & Powers, May 2008, Home Office
• Housemark – Benchmarking April 2010
76.0 HOW TO REPORT
We understand that in order to make reporting incidents of ASB as stress free as
possible we need to make sure we are accessible , recognising that incidents of ASB
can happen at any given time or day we aim to make it as easy as possible, you can-
Berwick Borough Housing
• Telephone our contact centre 24hours a day on 08000 461 451
• Report it at our head office at address below
• Write to us, Berwick Borough Housing, 1 Windmill Way North, Ramparts
Business Park, Berwick upon Tweed, TD15 1TA
• Email us contact@berwickboroughhousing.co.uk
• Go Online at www.berwickboroughhousing.co.uk click on report ASB and
complete online form
Three Rivers Housing
• Telephone our contact centre 24hours a day on 08000 462 452
• Report it at our head office address below
• Write to us, Three Rivers Housing Association, Three Rivers House,
Abbeywoods Business Park, Pity Me , Durham , DH XX 5TG
• Email us contact@threerivershousing.co.uk
• Go online www.threerivershousing.co.uk click on report ASB and complete online
form
7.0 RESIDENTS OBLIGATIONS
When we receive a report of ASB or neighbour nuisance we will, as part of the
investigation always try to contact the complainant to find out as much information as
we can. First contact may well be made by phone but could be made by using other
means such as a letter, text, email or visit.
It is vital that complainants work with us in order for us to resolve their concerns, an
ASB plan will be agreed with each complainant this will set out both their
commitments and ours.
If complainants fail to respond to letters, telephone calls or other correspondence this
could lead to us closing the case.
If a case requires it, we may request that complainants and/or witnesses provide us
with a statement and attend court.
All complainants have a responsibility not to make malicious complaints about their
neighbours, visitors or anyone engaged in lawful activity around their property.
Malicious complaints can have a detrimental effect on the housing function and our
tenants, we take malicious complaints very seriously and will take appropriate action
against anyone found doing so.
8All 4HG residents are expected to abide by the terms of the tenancy agreement they
signed attention should be directed to the example extracts from the Standard
Assured Tenancy Agreement-
“you are responsible for the behaviour of every person (including children) living in or
visiting your home . You are responsible in your home, on surrounding land, in
communal areas(stairs, lifts, landings, entrance halls, paving, sheds, gardens,
parking areas) and in the locality around your home”
“ You (or anyone living with you or visiting you) will not inflict domestic violence,
threaten violence or use mental, emotional, physical or sexual abuse against your
partner, your ex partner or any member of your family or household.”
“You( or anyone living woth you or visiting your home) will not cause or commit any
form of nuisance, harassment or other anti-social behaviour at or within the locality of
your home.”
Harassment includes but is not limited to –
“Harassment on the grounds of age, gender, race, religion, disability, lifestyle or
sexual orientation.”
“violence or threats of violence to any person.”
“ using or allowing the premises or any communal area to be used for prostitution or
for dealing in, or the illegal use of any controlled drug.”
8.0 PARTNERSHIP WORKING
Partnership working is vital if we are to meet the high standards we want to achieve
in tackling and preventing ASB quickly and effectively.
Examples of our partner agencies include (this list is not exhaustive and varies from
BBH to TRH)
• Police ( 3 different police forces)
• Fire and Rescue
• DAAT ( Drug Alcohol Action Team)
• Youth Offending Teams
• Local Authority Community Safety Teams
• Safer Neighbourhood partnerships
• Probation Services
• Trading Standards
• Health Services
• Alcohol and Substance misuse groups
• Parental support workers
• Social Services
• Domestic Violence support groups
• Extended schools services
• Environmental health
Together with our partner agencies we have signed up to a Safer Estates Information
sharing protocol that enables us to share appropriate and relevant information when
9dealing with cases of ASB. All information is shared in line with the protocol and
within the terms of the Data Protection Act 1998 and the Crime and Disorder Act
1998 (as amended).
Under section 115 Crime and Disorder Act 1988 (as amended), where appropriate,
we will share information with partners in order to prevent or detect crime and ASB
and conduct joint or multi agency investigations.
We attend a number of multi-agency meetings aimed at preventing and reducing
ASB across the local authorities that fall within our housing stock. These partnerships
can be as a Crime Safety Partnerships (CSP), or Local Multi-Agency Problem
Solving (LMAPS) These meetings will look at areas of concern, police updates,
DAAT updates, Hot spot areas, current ASBOS, CRASBOS, ASBI, and ABA’S in that
specific area.
These meetings vary in occurrence from monthly to 8 weekly meetings depending on
the Local Authority. As well as the strategic meetings there are local level tasking
meetings and other forums such as PACT (Police and Communities Together)
meetings that we attend. These meetings may deal with such topics as community
tension. These may be attended by local housing officers from other housing
providers and neighbourhood beat teams as well as councillors and members of the
community.
We recognised the importance of having close working relationships with our key
partners in both enforcement and prevention techniques. We are committed to using
the multi-agency approach to help tackle ASB and also sustain tenancies at risk from
enforcement action.
9.0 OUR APPROACH TO TACKLING ASB
We will encourage RESPECT in both the standard we seek to achieve and the
promotion of RESPECT within all 4HG polices and procedures, 4HG takes the
definition of Respect as “ how we value our responsibilities and the consequences of
our actions “. We will challenge disrespect, the definition we adopt as disrespect is
“offends and damages someone else’s feelings or property”.
Our approach will put victims and witnesses at the heart of our decision making, this
approach will take into account complainant’s support and vulnerability needs. Whilst
taking this approach we are also committed to rehabilitating perpetrators where
possible with the support from external partners.
We recognise that people who act in an anti-social manner are often vulnerable and
may have complex support needs. Where these people are identified through home
visit, putting themselves forward for help, complaint or any other mechanism then we
will seek to signpost individuals and refer to appropriate agencies. We will seek to
enter into partnership/protocols/referral mechanisms with a comprehensive range of
specialist agencies and support groups, these could include:
• Substance misuse groups
• Anger Management programs
• Family Intervention Projects
• Adult and Children’s Services
• Domestic violence support groups
10We will listen to, and seriously consider any suggestions made by the complainant
about what action to take or any objections to the action we are proposing.
We will operate a ‘Thinking Ahead’ approach to helping residents who are suffering
ASB, we will act quickly and always strive to meet our challenging service standards
and targets.
We will have a clear and open policy; keeping the complainant informed of an
investigation at all times, being open, honest and understanding when discussing
possible tools that may be used.
We will not usually move residents who have an active ASB case against them as a
means to resolve disputes (except in exceptional circumstances).
Complainants will be informed prior to any action being taken; we will contact the
complainant/s at least every 2 weeks for an update. This will begin from the very first
complaint and continue throughout the investigation.
We will always look at non-legal remedies in all cases and investigations.
We will continue to develop and deliver an education program, centred on key
community safety issues to local schools and youth groups in order to promote the
message of RESPECT and help prevent ASB occurring in the first instance.
Where needed we will take immediate action including “without notice“ legal action,
to prevent further harm and provide swift protection for complainants and/or
witnesses.
10.0 RISK ASSESSMENTS
We recognise the importance of risk assessments at the earliest possible stage of an
investigation for the complainant and the perpetrator (where possible). The group
recognises the tragic deaths of Garry Newlove *, Fiona Pilkington and her disabled
daughter*, and David Askew* show that there is no clear boundary between a
perceived low level and more serious ASB.
The Group will ask complainants to undergo a risk assessment based around there
own personal support needs, vulnerability and concerns. This will help us tailor our
ASB service to their needs regardless of the severity of ASB. We may then look to
speak to external agencies about the assessment outcomes, however this would be
agreed with the complainant first.
The assessment will take into consideration the impact the ASB has on all household
members including children.
When complaints are made about someone who we know or think may have support
needs and/or vulnerability we will seek to carry out risk assessments, this may be
with an external agency. We will however also advise of the actions that may be
used if the behaviour is not modified.
*denotes significant and serious ASB cases leading to changes in practice across the sector
1111.0 LEGAL AND NON LEGAL POWERS
The majority of ASB cases do not require legal powers to be used; we will explore all
possibilities to resolve a case without the need for legal enforcement action.
Non-legal remedies available include -
• Warnings ( verbal and written)
• Mediation ( independent mediation Non 4HG)
• Acceptable Behaviour Agreements ( ABAs)
• Parental Control Agreements (PCAs)
• Good Neighbour Agreements
Legal action we may take includes -
• Anti-Social Behaviour Orders (ASBO)
• Anti-Social Behaviour Injunctions (ASBI)
• Demoted Tenancy Order
• Notice of Seeking Possession (NOSP)
• Parenting orders
• Court undertaking
• Possession (know as eviction)
Our work is not restricted to responding to reports of ASB problems. We also work
closely with external agencies in order to prevent ASB occurring and to intervene
where it is likely to do so.
We may also look to take action against residents or visitors of a property which is
not owned by ourselves, such action may include a housing related injunction under
the 153A & 153C of the Anti-Social Behaviour Act 2003.
12.0 SUPPORTING VICTIMS AND WITNESSES
The Group understands the importance of supporting residents going through what
can be a traumatic time when dealing with an ASB incident or case. We want to
encourage customers to report incidents of ASB and to feel confident that their
complaint with be taken seriously. We will also act on anonymous complaints which
can help identify potential ASB hot spots.
We will provide appropriate measures to ensure that witnesses feel safe including
use of panic alarms, additional locks; and seek to implement an out of office hours
response to incidents of ASB though our 24 hour witness service.
We will look to use CCTV cameras where possible to lift the burden of gathering
evidence from the complainant, this has to be reasonable, proportionate and in
accordance with the Regulation of Investigatory Powers Act (RIPA) where applicable.
Where court attendance is required the investigating officer will make all necessary
arrangements including -
• A full explanation of what to expect in court
12• Transport to and from court
• Pre-court visit (where possible)
We also recognise that there may be some support needs after the hearing; the
investigating officer will be made available for support needs of signposting to
external agencies after the hearing is complete.
13.0 SUPPORTING YOUNG OFFENDERS
4HG understands that young perpetrators often experience problems at home and
school. Where the ASB involves a youth (those under the age of 18) we will work
closely with their parents/ guardians, and with other appropriate agencies such as
Youth Offending Teams (YOT), police, social service and the child’s school to
challenge their behaviour.
Where applicable the Group will provide appropriate information/evidence to support
Social Services to carry out an assessment (under section 17 of the Children Act
1989). This will be carried out prior to any specific enforcement action is pursued.
In most cases Acceptable Behaviour Contracts (ABC’s) will be used by the Group
when working with young people as they can be an effective way to challenge and
change behaviour. These will only be used after discussions with any relevant
agency working with the youngster. All ABC’s will include positive requirements to
help improve bad behaviour.
4HG will take regard of the Crime and Disorder Act 1998 (s. 37) which requires the
relevant agencies involved in youth justice to focus on preventing ASB. The Group’s
approach will be to prevent youth offending, wherever possible, in partnership with
other agencies and by offering diversionary activities.
4HG will look to positively involve any juveniles in any restorative justice programs in
the area.
14.0 SUPPORTING THOSE COMMITTING ASB
4HG will take appropriate action against the perpetrators of ASB using the full range
of intervention including legal sanctions available. Action against the perpetrators will
be started as soon as possible (this will vary on evidence available at the time);
action will only be taken after consulting the victim and considering their wishes.
We will always consider the reasonableness of the action we will take, the definition
we use of reasonableness is- “a proportionate means of achieving a legitimate aim “
4HG seeks to support and sustain tenancies using early intervention methods, rather
than ending a tenancy. 4HG is committed to using a full range of actions, which are
available to tackle ASB. Eviction will only be considered in extreme cases, and/or
where other methods of intervention have not changed the ASB.
We will always look to signpost and/or refer to support agencies where we believe
this could sustain a tenancy at risk. We will actively look at referring to Family
Intervention Projects where applicable.
1315.0 HATE CRIMES
Cases of hate crimes will be investigated in line with our Hate Crime Policy
A Hate Incident is any anti-social or criminal act that the victim or anyone else
believes is motivated by the offender’s prejudice against or a hatred of them for
example because of their:
• Race, colour, ethnic origin, nationality or national origin;
• Religion or belief
• Gender
• Sexual orientation
• Disability (including physical, sensory, learning or mental health.)
16.0 CLOSING INVESTIGATIONS
We will close cases when they have been resolved and the complaint is happy for us
to do so, however there may be circumstances when we close a case even when the
complainant does not wish us to. This may include a case when we feel we have
done all that is reasonable and proportionate to resolve the complaint.
A case can only be closed once the Safer Communities Co-ordinator has reviewed
the case and through agreement between Safer Communities and the relevant
housing team members.
Every case across the group will be reviewed by the Safer Communities Co-ordinator
on a minimum of a fortnightly basis.
On closing each case we will record the reason for closing the case and inform the
complainant by letter along with a satisfaction questionnaire.
We will never assume that a situation has improved because we have not heard from
the complainant; we will make contact with them via phone, text, and letter and/or
visit prior to closure.
We will in accordance with the case risk classification and complainant risk
assessment set a target time for the case to be resolved, we recognise these targets
may not always be met due to circumstances such as delays in court proceedings,
evidence gathering or other factors.
Target times for resolution
• Level one/ Immediate response 16 weeks (112 days)
• Level two/serious 20 weeks (140 days)
• Level three/minor 6 weeks (42 days)
If a case is looking unlikely to be resolved within these timescales the complainant
will be informed of the reasons why.
1417.0 MANAGING PERFORMANCE
In order to show continuous improvement within the service we recognise the
importance of measuring performance. We will seek to report satisfaction levels and
our performance around the challenging targets we set.
Levels of customer satisfaction levels will be monitored, any satisfaction surveys
returned that show a high level of dissatisfaction will be investigated by the Safer
Communities Co-ordinator.
Key Performance Indictors (KPI) will be set for housing officers to achieve; these will
be reviewed and reported via their individual line manager.
The service as a whole will be regularly measured using the Group’s ASB
Improvement Group made up of residents who have suffered from ASB in the past.
Anyone showing a high level of dissatisfaction from a survey will be asked if they
would like to contribute to this working group.
We will also make ourselves accountable through the attendance at local Community
Safety Partnership (CSP) and Local Multi Agency Problem Solving (LMAPS); these
groups have key partner attendance.
18.0 SAFEGUARDING
4HG and its subsidiaries take an active role in helping to identify Safeguarding issues
and are committed to the principles of Safeguarding and promoting the welfare of
children, young people and adults. These principles are embedded into our approach
across the group.
We will take into account our Safeguarding policy when investigating cases of ASB.
19.0 PUBLICISING SUCCESS
In order for communities to feel safe and secure we must look to publicise any
success that we have when tackling ASB. We will therefore look to publicise any
legal or non-legal that have taken place in the local press, housing magazines and
external partner’s newsletters.
If the action taken is of a serious nature such as an ASBO, ASBI, or possession has
been sought at court we may look to publicise through local posters and/or hand
outs. This information will only be about the offender and could include, name, age,
address of the person/s including any prohibitions that the court has imposed. This
information would also include details of who to contact if the order is breached and
the consequences of that breach if proven.
Where the offender is under 18 years old a decision will be made by the Assistant
Group Operations Director/Group Operations Director on publicity.
1520.0 STAFF TRAINING
In order for us to achieve and sustain high standards in tackling and preventing ASB
we must invest in staff training. We understand that staff are required to be
knowledgeable and consistent. We will ensure that staff dealing with ASB and its
effects will clearly understand and deliver our policy. We will also ensure that staff
are fully trained on relevant procedures arising from this policy.
21.0 PROTECTING AND SHARING DATA
4HG has a clear policy on data protection and sharing data with other
partners/outside agencies under the requirements of the Data Protection Act, 1998.
This is clearly set out in the 4HG Data Protection Policy. This policy and supporting
Data Management Guidelines must be followed throughout the operation of this
policy.
It is the responsibility of the appropriate staff and board members to follow the
requirements of the Data Protection Act 1998 and maintain confidentiality as set out
within this policy. A breach of confidentiality is a serious offence and in that event,
the 4HG disciplinary procedures will apply. It is the responsibility of all staff to
inform their line manager and the Data Protection Officer when they are made aware
of a breach of confidentiality. The manager is responsible for taking appropriate
action when made aware of a breach of confidentiality.
22.0 RESPONSIBILITY
The Group Operations Director and the respective boards are responsible for the
overall implementation of this policy.
23.0 POLICY REVIEWS
As part of our commitments around customer engagement and tenant scrutiny this
policy will be reviewed every 12 months by our Service Improvement Group.
A review may be brought forward if there are any major changes to legislation or
guidance.
16Explanation of Terms
Warning Letters:
Initial Interview letter: The alleged perpetrator needs to be warned of the consequences of
their behaviour. A letter arranging an interview will be sent to them within the response time
(depending on level of ASB).
First Warning Letter: If there are any further incidents following the initial interview a first
warning letter will be sent out.
Final Warning Letter: If there continues to be incidents of ASB a final warning letter will be
sent out.
Police letters (Berwick Borough Housing only):
As part of partnership working we will be notified by Northumbria Police if their officers stop
and warn a youth (from one of our homes) who is causing ASB.
Police stop letter 1: A letter will be sent to the parent of the youth to make them aware we
have been advised of the incident.
Police stop letter 2: If we receive further notification from the police that the same youth has
been stopped again within a 4 week period a visit should be arrange with the parent to
discuss.
ABA: If we still receive further complaints an ABA hearing should be organised
Mediation
Mediation allows young people, old people and people from different cultures to resolve their
differences with a trained mediator. In most cases of neighbour dispute we will expect the
complainant/perpetrator to work together with a community mediator, or suitable mediation
organisation, to sort out the problem. Mediation is a way of helping people in conflict to find a
win/win solution to their issues. Mediators will speak to the people involved separately first to
confirm that they want to take part in mediation and to hear their view of the situation. Next,
everyone is brought together in a meeting at a neutral venue. The mediators will ensure that
everyone has a chance to speak. If the parties find a solution they are all happy with an
agreement is written up, signed by all those present. Everyone takes a copy home with
them. It is not a legal contract but allows the parties to focus on what has been decided and
what individual responsibilities have been agreed upon. The parties' legal rights are not
affected and they are free to pursue a legal course of action at any time if they so wish.
Anti-Social Behaviour Order (ASBO):
An ASBO is a civil order made by the Magistrate Court to people over the age of 10 years
who persistently behave in an unacceptable manner that causes or is likely to cause
harassment, alarm or distress. The order can contain conditions prohibiting the person from
specific anti-social acts or entering an area and is effective for a minimum of 2 years.
Maximum sentence for breach of an ASBO is 5 years imprisonment.
Acceptable Behaviour Agreement (ABA):
An ABA is a voluntary agreement between the perpetrator of ASB, relevant agencies
(usually the police) and us. It is a written agreement giving details of specific prohibitions.
17Anti-Social Behaviour Injunction:
An ASB Injunction is a civil order obtained from the County Court prohibiting a person from
behaving in an anti social manner. Some injections have a power of arrest or can exclude a
person from a property or an area. Breach of an injunction can result in up to two years in
prison and/or a fine. An injunction can be obtained on the same day of an incident being
reported.
Demoted Tenancy:
We can apply to Court for a demotion of tenancy if a tenant breaches the terms of their
tenancy agreement. A demoted tenancy is a less secure form of tenancy agreement with
fewer rights and less protection from eviction should the terms of your tenancy be breached.
This can be ended by serving of section 21 notices (8 weeks).
Possession (Eviction):
If the ASB continues we will apply to Court for an eviction order to have the property
repossessed.
Notice of Seeking Possession (NOSP):
Legal requirement served on a tenant before we commence legal proceedings.
Parenting Contract:
Parenting Contracts are similar to an ABA. They are a voluntary agreement between a
landlord and the parents of a child known to be involved in ASB. The aim of the contract is
to improve the behaviour of the child/young person through support and rules of behaviour
that should be complied with. Parenting Contracts are used to encourage parents to take
responsibility for the actions of their children to reduce further incidents of ASB.
Parenting Order:
Parenting Orders are supportive measures designed to help parents/carers improve their
parenting skills and tackle the underlying cause of a child’s ASB. These are commonly done
in partnership with Family Intervention Projects. Parenting Orders make the terms of a
parenting contract compulsory. There are 2 parts to the order:
• Part one: determines help and support parent’s need to address their child’s
behaviour and to encourage parental responsibilities
• Part two: specifies how parent’s are expected to control their children’s behaviour
Partnership Working:
4HG works in partnership with all relevant agencies including the Police, Local Authority,
Probation Service and other agencies, to combat nuisance and ASB, sharing information to
tackle the problem. We will also be fully represented on the local Safer Community
Partnership and associated groups working together on the prevention and detection of
crime and anti-social behaviour.
Tools/Enforcements available in conjunction with other Agencies:
18• Family Intervention Projects
• Closure Orders (Crack House Closure Orders)
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