Anti-social behaviour policy - landlord services

This page sets out our approach to managing anti-social behaviour (ASB) reports for North Yorkshire Council's Landlord Services and is designed to comply with our legal requirement within the Anti-Social Behaviour Act 2004, as it relates to anti-social behaviour policies.
 
This policy sets out the core principles of our service. It should be read in conjunction with our anti-social behaviour procedure, which details the steps that we take when managing cases of anti-social behaviour to comply with the content of this policy.
 
This policy applies to all types of occupancy that we own and / or manage, including but not limited to introductory tenancies, secure tenancies, leases, licences, and so on. For this policy, the use of the term 'tenancy agreement' applies to all of these occupancy types. 

Associated frameworks

This policy is informed by and should be read in conjunction with the following (not exhaustive):

Legislation:

• Housing Act 1985
• Crime and Disorder Act 1998
• Anti-Social Behaviour Act 2004
• Anti-Social Behaviour, Crime and Policing Act 2014
• GDPR and Data Protection legislation 
• Human Rights Act 1998
• Equality Act 2010

External policy / strategy:

• The Consumer Standards (as set by the Regulator of Social Housing)
• The Home Office Anti-Social Behaviour Principles 
• The Anti-Social Behaviour, Crime and Policing Act 2014 Statutory Guidance 

Internal policy / strategy: 

• good neighbourhood management 
• hate crime
• domestic abuse
• anti-social behaviour case review
• information sharing protocol
• safeguarding
• vexatious, persistent, unreasonable complainants
• appeal process for serving notice to end an introductory tenancy / rely on the mandatory ground for possession

Policy principles

Our anti-social behaviour service is underpinned by the following principles:

• we seek to work transparently and fairly with those who report anti-social behaviour, taking an objective, evidence-based approach to our investigations and decision making
• we adopt a harm centred approach to anti-social behaviour, considering the behaviour type and the impact / circumstances of the behaviour. We use this to make key decisions such as whether a report meets our definition of anti-social behaviour, the category to assign it and the necessary / proportionate action to take to resolve it
• we work with our partners to deter and tackle anti-social behaviour. We recognise there may be times where we are not the best agency to lead on a case but seek to establish this without unnecessary delay and may continue to support the case when another agency takes the lead
• we seek to identify and understand risk and vulnerability in relation to all parties involved in a case, taking the necessary action to mitigate this risk where appropriate
• we consider the full range of tools and powers when deciding the best course of action in a case, including informal and legal tools. Whilst our preference is always to resolve issues using informal means, we will consider the most proportionate response in each case. There may be times where a partner agency has a tool better suited to resolve harm and we will work with them to determine how best to manage the case
• we seek to empower and involve the reporter in our response to anti-social behaviour. There may be things that we require a reporter to do in a case and we will ensure we are clear on what is required and that it is reasonable within the circumstances

Section 1 - What is anti-social behaviour

Our definition

1. We are responsible for deciding whether a report meets our threshold to be considered anti-social behaviour. We adopt a two-stage approach for this decision making:
   • does the behaviour meet the statutory definition of anti-social behaviour?
   • is the behaviour unreasonable?
2. We use the statutory definition of anti-social behaviour that is detailed in the Anti-Social Behaviour, Crime and Policing Act 2014:
   • conduct that has caused, or is likely to cause, harassment, alarm or distress to any person;
   • conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises; or
   • conduct capable of causing housing-related nuisance or annoyance to any person; or
   • conduct which is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality
3. We recognise that this threshold (particularly in relation to housing related anti-social behaviour) is low, and that different people have different tolerances, expectations and perceptions in relation to whether behaviour is appropriate or not. So that we do not class something as anti-social behaviour when it would be inappropriate to do so, we also apply a reasonableness test considering factors such as:
   • intention of behaviour
   • root cause of the behaviour 
   • frequency 
   • duration
   • times occurring
4. Our Good Neighbourhood Management Policy sets out the types of behaviour that we are unlikely to consider to be anti-social behaviour. It also details the steps that we may take when we make this decision. 

Domestic abuse

5. We have a separate domestic abuse policy which should be referred to in relevant cases, however, reports of domestic abuse may also be considered under this policy. This is likely to occur where the domestic abuse is impacting upon others, for example causing noise disturbance to neighbours. We train our officers to recognise where reports of anti-social behaviour may have been triggered from domestic abuse, ensuring that the most appropriate case management actions and decisions can be taken.
6. We recognise the need to act sensitively in these matters and to ensure that the needs of the victim / survivor of the domestic abuse are balanced against the needs of the wider community.  

Hate incidents 

7. We recognise our regulatory responsibilities as a provider of social housing to deter and tackle hate incidents. We do so by:
   • categorising incidents of hate on our systems to ensure that we can recognise trends and / or hot spot areas. We will share this information with our partners, as well as use it to help determine whether any preventative work is required in certain areas / communities, such as awareness raising, and so on
   • ensuring clear information on our website about how to report incidents of hate
   • training our officers to recognise when an incident may be hate-related and how to deal with these reports appropriately
   • working closely with our partners to ensure a holistic and effective response, taking into account the needs of the person experiencing the behaviour
   • ensuring that we categorise hate incidents as high-risk reports, where appropriate to do so
   • considering the harm that is being caused to the person experiencing the behaviour and taking proportionate action as a response. We will consider the full range of our tools and powers, as well as those of our partners when determining the best response
   • using a victim risk assessment that seeks to identify where a report is hate related, as well as directing our officers to make referrals to internal or external support, where appropriate

Behaviour towards employees and contractors 

8. There may be occasions where the victim of anti-social behaviour is one of employees or contractors. We will assess these matters on a case-by-case basis, considering the circumstances leading to the behaviour, the severity, the facts of the incident and the impact upon the person affected and may act in line with this policy as a result. 

Section 2 - Remits and responsibilities 

9. We can act in cases that are ‘housing-related’. This means that we can act against a non-tenant where their behaviour is affecting our tenants, communities or staff / contractors. We call these ‘cross-tenure’ cases.
10. We do recognise, however, that there will be times where we are not the best lead agency in a cross-tenure case. For example, where the person alleged to be causing the harm is a tenant of another social or private landlord, or where the person is known to the police and / or council and work is already ongoing. 
11. We make efforts to identify other agencies that need to be made aware of a report and notify them quickly. We will work with them to determine a lead agency and whether continued support from us is required.
12. There will also be cases where another agency has the most suitable tool to resolve the case. Where we believe this to be the case, we will speak to the identified agency, agree an appropriate lead agency, and action plan.
13. Where a report of anti-social behaviour constitutes a possible criminal offence, we will encourage the reporter to make the police aware. Where the police are investigating a criminal matter, we will work with them to determine whether it is appropriate for us to take parallel investigations, or whether it is more appropriate to await the outcome of their investigations first. Where a police investigation has been concluded and no further action is to be taken by them, we may consider taking anti-social behaviour / tenancy action depending on the circumstances of the matter and whether there is enough evidence to proceed.
14. If we feel that a case concerns behaviour that amounts to a statutory nuisance, we will consider whether we should refer the matter to the relevant Environmental Health team to determine whether action under the Environmental Protection Act is appropriate.

Section 3 – Receiving reports

How to report anti-social behaviour

15. We aim to make reporting anti-social behaviour to us as easy as possible and offer a range of different methods, including telephone, email, via our website, and so on. Our website provides further details on how to contact us.
16. We will accept reports from third parties, such as elected members or support workers, however in most instances we will also need to speak directly to the person experiencing / witnessing the behaviour in order to progress our investigations. 

Assessing and triaging reports 

17. When we receive a report, we will work to quickly determine whether it meets our definition of anti-social behaviour. We seek to ensure this is an informed decision and may, therefore, need to conduct some investigations before making this determination.
18. We also categorise reports based on risk and harm. We use the following categories:

Category	Types of behaviour	Response time
High risk	Domestic abuse Hate incidents Threats of or actual violence to person Situations where the harm to the victim's health and well-being is high	24 working hours
General	All other behaviours that are not environmental and do not fit into the high-risk category	Five working days
Environmental	Examples include littering, graffiti, fly-tipping, dog fouling, and so on	10 working days

19. The response time relates to the period between the case officer receiving the report and their attempts to contact the reporter to arrange an interview to discuss the matter further.

    We will make it clear to our tenants and those reporting high-risk incidents, that in these situations, particularly if they occur outside of normal working hours, that they should contact the police or other emergency services in the first instance for an immediate response.

20. We also assess risk and vulnerability by using a vulnerability risk assessment (VRA). This is completed following an interview with the reporter. Depending on the outcome of the assessment, actions will be identified and taken to assist in reducing the risk level.  
21. We recognise that risk can increase / decrease during an anti-social behaviour case and, therefore, a vulnerability risk assessment are kept under review during the life of a case and changes in scoring responded to as appropriate.

Section 4 – Working with parties in a case

Social responsibility 

22. We wish for all communities within our areas to thrive. This requires co-operation, compromise and empathy from the residents living, working or visiting within these communities. We ask residents to be respective and considerate with regards their behaviour, to listen when another person may raise concerns to them, and to try to find compromise and solution together.
23. In addition, our customers will have legal obligations within the agreements they hold with us. Whilst the exact wording of these obligations will depend on their own agreement, there will be conditions relating to behaviour, including anti-social behaviour and criminal activity.

24. Our customers are responsible for their own behaviour, that of any household members (including pets) and any visitors to their property, at the address and within the locality of the address. There may be occasions where incidents occur outside of the locality but due to the status of the person they are directed towards may be housing related.

    For example, where the behaviour is directed at a neighbour of the person causing the harm or one of our employee/s. 

Support for reporters

25. In addition to adopting practices aimed at identifying risk and vulnerability, we will also seek to support those who report anti-social behaviour in other ways.
26. We will always ensure that we keep in contact with those reporting anti-social behaviour, being clear, transparent and fair in our communication. We will update on progress of a case as much as we are able without breaching data protection laws. For example, actions in a case may relate to the needs and circumstances of a third party and we would be unable to share this information with the person reporting the anti-social behaviour.
27. In addition to clear and regular communication, we also seek to support those experiencing anti-social behaviour in other ways. The list below is not exhaustive and gives examples of what we may consider, dependent on the circumstances of each case:
    • referrals to internal support, such as tenancy support services 
    • referrals to external support, such as local charities or voluntary organisations, for example, Victim Support
    • referrals to safeguarding or health providers, such as mental heath teams or GPs 
    • liaising with partners to identify target hardening opportunities
28. Where we take legal action in anti-social behaviour cases we often require evidence from residents. We understand that this can be a daunting experience and will seek to ensure appropriate support is made available to the witness should they wish to accept it. Sometimes the support available will depend on the area we are working / the Court we are using, but types of support may include:
    • signposting to advice and guidance on being a witness, such as specialist websites
    • arranging a pre-court visit to allow the witness to familiarise themselves with the environment
    • helping arrange transport
    • arranging a separate entrance to the court and waiting room
    • accompanying the witness around the court building 
    • ensuring they have time to speak with our legal representative to seek clarification to any questions or concerns they may have

Support for those causing the harm 

29. We do understand that those people causing the harm may have needs and vulnerabilities themselves. Whilst we do not consider this to be a justification for causing harm to others, we do recognise that helping to meet these needs can benefit all parties, bringing resolution of the anti-social behaviour for the person suffering and improving the wellbeing of the person causing the harm too.
30. Through our case management processes we seek to identify and understand the needs that a perpetrator may have. This includes:
    • triaging and assessing reports effectively, with a focus on understanding the root cause of the problems, ensuring that we recognise when the person causing the harm may also be a victim, for example of exploitation
    • using internal systems to see whether we hold information which assists us in understanding needs
    • working with our partners to seek out and share information about needs
    • discussing matters with the perpetrator and enquiring whether they require support
31. Where support needs are identified we will determine appropriate responses which may include:
    • referrals to internal support, such as tenancy support services 
    • referrals to external support, such as local charities or voluntary organisations
    • referrals to safeguarding or health providers, such as mental heath teams or GPs
32. We adopt a twin-track approach in most cases, where we will offer support whilst also taking the appropriate action to try and prevent further anti-social behaviour, recognising that we also must balance the needs of the person/s suffering the harm. For this reason, where we recognise the need for support, but it is not available or accepted, we may continue to take action to deal with the anti-social behaviour. Equally, if the support is accepted but we believe the person is not fully engaging or disguised compliance is occurring, we may continue to act appropriate to reduce the harm to those suffering.
33. We understand our duties under the Equality Act and will:
    • seek to understand whether the perpetrator has a disability as defined by this legislation and whether the anti-social behaviour reported is linked. Where we believe it is, we will assess whether intended action is a proportionate means to a legitimate aim before deciding to proceed 
    • ensure that we have complied with our obligations in relation to the public sector equality duty. Before deciding to take legal action we will complete an equality act assessment to evidence this compliance
34. In all cases where we are considering legal action, we will complete a proportionality assessment to ensure that our decision is necessary and proportionate.

Section 5 – Working with partners

35. There are few anti-social behaviour cases that can be resolved effectively as a single agency response. Most will require engagement with other statutory and non-statutory partners. Examples of agencies we work with include Community Safety, the police, other housing providers, social care, public health providers, the fire service and third sector organisations.
36. In relation to partnership working, we seek to:
    • identify appropriate partners to involve in a case and engage with them
    • share information that is relevant to a case, to fully understand risk and vulnerability and ensure that we take the most proportionate and effective actions
    • develop a joint action plan that clearly identifies a lead agency and the required actions of all involved
    • be clear on the extent and limitations of our role and responsibilities
    • seek the views of others before commencing legal action to ensure there is no duplication and the solution proposed is most suitable

Information sharing 

37. Effective partnership working relies on information sharing. We will ensure that we are sharing information with others where we have a clear lawful basis and legitimate purpose for doing so.
38. We are signatories to local information sharing protocols and commit to sharing, storing, using and retaining information as set out within. 

Partnership forums 

39. Partnership forums are designed to facilitate a multi-agency response to local issues, including anti-social behaviour and related behaviour. We will attend and actively engage in those which are relevant to our work. We expect the same in return from our partners.
40. In addition, we may organise professionals' meetings in relation to individual cases to ensure that all information is known by all relevant bodies and that the most informed and appropriate decisions can be made in a case.

Section 6 - Tools and powers

General principles

41. Where we have the necessary evidence to determine that the anti-social behaviour reported has occurred we will next consider what action is most appropriate to reduce the harm being caused. We do not adopt an incremental approach requiring us to take the lowest form of action first. We will consider many factors, such as severity, risk, frequency, needs, and so on, to determine what action is most proportionate. We aim to take the lowest form of action that we believe has a genuine chance of achieving the outcomes that we are seeking in a case.
42. In most cases, non-legal interventions will be the most proportionate form of action in the first instance. Save for the most serious forms of anti-social behaviour, we will attempt to resolve matters through practical solutions, warnings and voluntary agreements before resorting to more formal approaches.
43. We rely on evidence to be able to act and often we will need those experiencing the anti-social behaviour to provide this evidence. Evidence may include completed diary sheets, CCTV or video doorbell recordings, reports to agencies or signing a witness statement. Where we are unable to obtain this evidence, it is unlikely that we will be able to act. Save for the community protection notice, our powers rely on the Court deciding to grant the order when we request them to.

Prevention 

44. We seek to ensure that anti-social behaviour does not occur in the first place. We do this in a range of ways which include but are not limited to:
    • using a sensitive allocations / lettings policy
    • making customers aware of responsibilities at sign-up
    • operating an introductory tenancy regime 
    • making advice and guidance available to customers and residents
    • working with partners to host community events and take part in estate walkabouts, and so on 
    • looking at environmental improvements, such as better lighting, and so on  

Self-help

45. We seek to empower those reporting harm to be part of the solution, believing that this often results in the best outcomes for all involved. Indeed, sometimes the involvement of an agency can exacerbate a situation that could otherwise have been amicably resolved between the parties. Where we believe it is appropriate to do so, we may ask parties to:
    • speak to the person causing them concern first to try and find a solution
    • consider a reasonable change in behaviour or routine to improve the problem
    •  engage in mediation
46. Where a party refuses to cooperate with our suggestions, without good reason, we may not be able to take any further action.

Informal actions

47. There are a range of informal methods that we use to resolve harm in anti-social behaviour cases. These include, but are not limited to:
    • practical solutions, such as environmental improvements
    • mediation 
    • warning letters 
    • cautions
    • meetings 
    • acceptable behaviour contracts
    • good neighbourhood agreements

Legal actions

48. Where we believe it is necessary and proportionate, and we have the required evidence, we may consider legal action in an anti-social behaviour case.
49. We have several tools that we can use or apply for as a response to anti-social behaviour, which the table below summarises:

Tool	Purpose
Tenancy action	Where a breach of tenancy has occurred, we can act as a result. For introductory tenancies we have the option to extend the introductory period or to seek to end the tenancy. For secure tenancies, we can seek a suspended possession order or outright possession order on the relevant discretionary and / or mandatory ground. We may also apply for a demotion, which reverts a secure tenancy back to the equivalent of an introductory tenancy. These actions all require us to serve a legal notice first and where we do so to end an introductory tenancy, demoted tenancy or are relying on a mandatory ground, we must offer the tenant a right to appeal this decision. We may also seek to vary an existing suspended possession order (for example for rent arrears) to include anti-social behaviour.
Injunctions under Part 1 of the Anti-Social Behaviour, Crime and Policing Act 2014	These orders contain conditions which are designed to prevent further harm. They may require the person to stop doing certain things or require them to do specified things. They are available for persons over the age of 10 and a breach can result in a fine and / or a custodial sentence. Where the person with an injunction is a tenant (or linked to a tenant’s property), a breach may also result in possession action under the mandatory ground.
Criminal behaviour orders	These orders are like an injunction but can only be applied for where we are prosecuting someone for a criminal offence. We are more likely to support the police in securing such an order, but may consider seeking them ourselves in limited circumstances, such as where we are prosecuting a breach of community protection notice. Where the person with a criminal behaviour order is a tenant (or linked to a tenant’s property), a breach may also result in possession action under the mandatory ground.
Closure orders	A closure order is a temporary (up to six months) power that can be applied to a premises (including a defined area of open space). It has the impact of closing the area where it applies. This can be flexible allowing certain categories of people to remain able to use the area, or to limit the times of day where it applies. A closure notice must be issued before seeking an order. Where a closure order is granted at a tenant’s property it may also result in possession action under the mandatory ground.
Community protection notices	A community protection notice (CPN) can be issued to anyone over 16 or to businesses, where the legal test is met. It includes conditions in relation to things the recipient must stop doing or actions they must complete. Failure to comply in a criminal offence and can result in a range of sanctions, including a fixed penalty notice. A community protection warning must be issued first.

50. Sometimes the legal tool most suitable is not one that we have legal recourse to. In these instances, we will work with the partner who can use this tool, offering support to their case if appropriate. Examples of where this might occur where the police are taking criminal action and a Criminal Behaviour Order could be applied for, or where the person causing the harm is the tenant of another social housing provider and action under the tenancy agreement is considered more appropriate. 

Section 7 - Communication 

51. We seek to engage with our residents and customers about the service which we provide. We also encourage feedback and use this to continuously improve our delivery. 

Publicising 

52. Publicising actions that we take in anti-social behaviour cases can assist in reassuring communities, encouraging reporting and deterring those causing anti-social behaviour. Some of the legal action that we take requires the support of the local community to help us monitor compliance and publicity helps raise awareness of what the person has been asked to do.
53. We decide on whether to publicise, and the extent / methods of doing so, on a case-by-case basis, by considering factors such as the age and circumstances of the person causing the harm, the objectives we are seeking from the publicity, necessity and proportionality. 

Feedback and complaints 

54. We welcome feedback in relation to the service we provide and further details about how to share this with us can be found on our Complaints, comments or compliments web page. 
55. We seek to use any feedback received to continuously improve the service that we deliver. 

Confidentiality 

56. We may receive anonymous reports of anti-social behaviour. This can make it challenging for us to investigate the matter, as we may not have all the information we need to be able to do so. We will assess anonymous reports, considering whether the severity of the behaviour reported requires further investigation, whether there is a clear reason for why the report has been made anonymously and whether there are any opportunities for investigating further that do not require knowledge of who the reporter is.
57. Sometimes reporters may wish to remain confidential. Whilst we will not name the reporter, we are required to disclose and discuss the details of the report with the person alleged to be causing the harm. There may be times where the nature of the report makes it clear who is likely to have made the report.
58. In addition, there are times where our legal obligations mean that we are unable to promise confidentiality. For example, if a person tells us something that is a criminal offence, or we believe they are a risk to themselves or to others. 

Vexatious, unreasonable and persistent complainants 

59. Whilst we wish to encourage reports of anti-social behaviour, there are times where this reporting can be inappropriate. This may be where:

• the report is malicious, false or exaggerated
• the reports relate to matters that we have already decided on and there is no new information
• the reporting is so persistent that it is having an unreasonable impact on our time and resources
   

60. We will seek to understand the reason for these types of reporting, for example, whether the contact arise from an unmet support need or whether we have missed opportunity to intervene or made an incorrect decision. However, where the reporting is unreasonable, we may take action to try and limit the impact, through means such as restricting contact or considering the reporting as anti-social behaviour and applying the principles of this policy.

The anti-social behaviour case review 

61. The anti-social behaviour case review is a legal process that every local authority area must have in place with its partners. The process in North Yorkshire is managed by our colleagues in the Community Safety team. It allows resident who are concerned about the progress or outcome of their anti-social behaviour case to request a review, which can result in recommendations being made.
62. Details about our local anti-social behaviour case review process can be accessed on our anti-social behaviour case review page. 
     

Section 8 - Performance 

Training and development 

63. Managing cases of anti-social behaviour can be complex, requiring a wide range of skills, knowledge and experience. Through supervision, we seek to identify the needs of case officers, sourcing relevant training courses or materials where appropriate. We also aim to keep officers updated on changes in regulation, legislation and best practice, via training, attendance at webinars, and so on.
64. Case officers also attend regular case supervision sessions where they can seek advice and support in relation to casework. 

Performance management 

65. We undertake a number of activities focussed on ensuring that we are delivering a well-performing service and are continuously learning and improving. These include:
    • case file audits to ensure compliance with policy and process
    • reviewing customer feedback to identify opportunities for service development 
    • reviewing outcomes from service complaints, ombudsman enquiries and anti-social behaviour case reviews to identify opportunities for continuous improvement

Review of policy

66. This policy will be reviewed in line with our policy review cycle (every three years). This may occur earlier if there is a change in legislation or regulation which necessitates it.