Good neighbourhood management policy

Purpose

Anti-social behaviour (ASB) is a term that relates to a wide range of behaviour types and the law does not provide a set list of what is and what is not anti-social behaviour.

Sometimes, we will receive reports where it would not be appropriate to adopt an anti-social behaviour approach. This might be because the behaviour being reported is not unreasonable; because the facts of the matter do not meet the requirements to be considered anti-social behaviour, or because factors such as the environment or health and wellbeing are at the root of the problem.

We recognise that trying to deal with situations like these using an anti-social behaviour approach is likely to frustrate and escalate matters.

This policy is designed to outline our considerations, actions and limitations when dealing with issues that do not suit management under our anti-social behaviour policy.

Policy principles

 The following principles underpin this policy:

  1. We will triage and assess all reports that are made to us in order to understand the most appropriate approach to adopt for managing them. This will be done using a harm centred approach, considering both the behaviour reported and the impact it is having.
  2. We take an informed approach to our decision making and will ensure that we have enough information to be able reach an accurate decision when triaging and assessing reports.
  3. We will communicate the outcome of the triage and assessment to the person making the report, ensuing they are clear on which policy will apply to their concern.  
  4. We recognise that reported behaviour can change in terms of severity and that something initially assessed as being a ‘good neighbourhood management’ issue can evolve into anti-social behaviour. We will continue to reassess our decision in a case each time a new report is received, making sure we do not miss an opportunity to intervene.
  5. The purpose of this policy is not to find fault or blame. Often in these matters there will not be a ‘wrong doer’. Rather, our focus is on fostering good relationships, identifying practical solutions and ensuring correct support is in place. We seek to understand the root cause of the problems and the solutions that have the best chance of dealing with the root cause. We are, therefore, extremely unlikely to consider legal actions as a response to matters that we are dealing with under this policy.
  6. In many situations that are appropriate for management under this policy we seek to empower the parties involved to find their own solutions and adopt the suggestions that we think helpful.
  7. At all stages, we will consider the support needs of the parties involved in a matter dealt with under this policy. We recognise that sometimes personal circumstances may affect a person’s tolerance, perception or ability to cope with certain situations. When we recognise that this could be a contributory factor, we will work to identify suitable referrals and support.
  8. We may not always be able to assist with a situation that is dealt with under this policy as a single agency. There will be times where we may work with our partner agencies to share information and identify the best possible support and guidance we can offer to parties.

Defining and assessing reports

  1. When we receive a report relating to a behaviour concern, we will assess it to decide whether it reaches our threshold to be considered under our anti-social behaviour policy or whether a good neighbourhood management approach is more appropriate.
  2. When deciding whether a report should be dealt with under this policy, we will consider the following:
  • the type of behaviour that is being reported, how serious it is and whether it is reasonable activity or not
  • how often the behaviour is happening, the times that it is taking place and how long it is happening for
  • the needs of the parties involved 
  • the impact that the behaviour is having on the parties involved and / or the wider community
  • the root cause of the issue and whether there is intention to cause harm
  1.  Whilst the list is not exhaustive, the below details some of the types of situations that are more likely to be dealt with under this policy, as opposed to our anti-social policy:
    • Reports that do not meet our definition of anti-social behaviour, such as:
      • parking
      • DIY
      • kids playing
      • animals fouling where it is not unreasonable, nor behaviour encouraged by an owner to cause nuisance
      • use of appliances, such as washing machines
    • Neighbour disputes - situations where a disagreement has occurred between several parties, there is no clear victim and no clear person causing the harm, and all parties are contributing to the disagreement. In addition, the behaviour at the heart of the disagreement is unlikely to meet our definition of anti-social behaviour.

      These disputes may arise from the following:
      • parking
      • boundaries
      • the use of communal gardens
      • lifestyle differences
      • social media
      • behaviour of children
         
    • Matters where there is no intention to cause harm and / or the behaviour causing the harm is not unreasonable. Examples may include:
      • noise that arises from reasonable activities but is causing a nuisance due to environmental issues, such as poor sound insulation in a property or a lack of carpets on laminate floors
      • nuisance that arises from a disability and / or illness
  2. We will seek to ensure that our decisions are sound, meaning that they are fully informed and free from bias or assumption. This means that we may need to undertake some investigative work before we are able to determine the types of responses we may take. This may include, but is not limited to:
    • carrying out interviews with the parties involved in a report
    • conducting wider investigations, such as speaking to other neighbours, using noise capturing equipment, liaising with our partner agencies, and so on
  3. Once we have determined how a matter should be managed, we will communicate this promptly and clearly to the relevant parties.
  4. Where new reports and / or new information is available in a case, we will review our decision and determine whether we need to change approach and deal with the matter under our anti-social behaviour policy.  

Specific behaviour types

CCTV and video doorbells 

  1. There has been a significant increase in the domestic use of CCTV and video doorbells. Any person who uses these devices has a responsibility to do so within the law. Further information about these responsibilities can be found on the Information Commissioner Office’s website.
  2. We are unable to enforce breaches of these laws. Concerns should be referred to the Information Commissioner Office and / or the police. We may offer advice and guidance to parties involved or refer the matter to mediation if we think this could assist, but we are very unlikely to take a form of legal enforcement action.
  3. Where the use of the CCTV cameras and / or video doorbells is causing significant nuisance or harm then we will assess the report and decide whether it meets our definition of anti-social behaviour. If we believe that it does, we will deal with the matter in line with our anti-social policy and procedure.
  4. If a resident informs us that they have recorded incidents of anti-social behaviour on CCTV and / or video doorbells we will request a copy of this recording. We require sight of the full incident, including periods of time immediately before and after the incident itself. A failure to provide such information may mean we are unable to progress our investigations further.

Cannabis smoking 

  1. We may receive reports relating to a resident smoking cannabis in and around their home. We do not class cannabis smoking in itself as anti-social behaviour. These matters should be reported to the police, either directly or via CrimeStoppers. Our tenancy agreements do contain conditions relating to criminal activity. If the police take criminal action in response to the cannabis, then we may take our own tenancy action as a result of this criminal action.
  2. We may consider the impact of the cannabis smoking to be anti-social behaviour in certain circumstances. For example, where the smoke / odour arising from the smoking is having an impact on the health of the person experiencing the smoke. In order to take action in this way, we do require evidence of the impact that the smoke is having and may require the person experiencing the harm to provide medical evidence.
  3. Where we feel appropriate, we may work with the person smoking the cannabis, requiring them to take practical steps to limit the impact, refer parties to mediation so the impact of the behaviour can be understood and agreement made between the parties to limit the harm, or make referrals to drug support / education for the person smoking the cannabis. Should the person smoking state that it is for medical use, we will require evidence of this or will progress the matter on the basis that it is for recreational use until such a time the evidence is provided to show otherwise. 

Risk and vulnerability 

  1. We recognise that if a report is not a matter which we consider to be anti-social behaviour, it does not necessarily follow that there is low risk of harm and / or no vulnerability. In fact, sometimes a person’s needs can be a contributing factor to how they perceive, respond to, or are impacted by, behaviour.
  2. We consider harm at assessment stage and when we are deciding how to respond to a report. We will also complete a risk assessment after we have interviewed the person making the report, in order to determine the types of support that they may require. 

Roles and responsibilities 

  1. We believe that everyone has a social responsibility to be a good neighbour and resident. This includes being courtesy and respectful to others.
  2. Many of the situations that will be managed under this policy will require the co-operation, compromise and good will of the parties involved. Effective resolution may require parties to make reasonable changes to their behaviour and / or environment, to accept to undertake processes such as mediation, to accept advice and support that is offered, and so on.
  3. Our ability to assist in these cases will be greatly reduced where parties are not willing to cooperate with us in these ways and may mean that we can assist no further and the case is closed. 

Partnership working 

  1. Often reports dealt with in line with this policy will be complex, requiring a multi-agency response in order to bring resolution. This is particularly important where the situation is being exasperated by the unmet needs of either or all parties involved in a matter. We are limited to actions that are within the realms of our experience and capabilities and will require the cooperation of other agencies.
  2. To facilitate partnership working in good neighbourhood management cases we will consider and action the following, where appropriate to each given case:
    • refer any safeguarding / well-being concerns to the relevant agency
    • share information with partners to ensure full information is known by all relevant parties, allowing informed and appropriate decisions to be made
    • arrange a professional meeting to create a clear action plan for case management

Possible solutions

  1. The focus of our work when dealing with matters in line with this policy is to foster good relationships and to improve the health and well-being of parties involved. Legal action is very unlikely in cases managed under this policy.
  2. We will consider appropriate solutions on a case-by-case basis, but examples include:
    • providing advice and guidance, signposting to education services / websites, and so on
    • inviting parties to be put of creating a solution, which may be written into a voluntary agreement, for example residents in a block creating agreed guidelines for use of communal areas
    • referring parties to mediation. This might involve providing details of private services that the parties can source or making a referral to the mediation service that we fund via the Community Safety team
    • referrals to safeguarding, health services, support, and so on
    • exploring practical solutions such as carpeting, slow-release door hinges, soundproofing, anti-vibration mats, and so on
  3. These examples are not exhaustive, nor will they be appropriate in all cases. The appropriate solution will be determined based on what is relevant, likely to bring resolution to the problems and is available and cost-effective.
  4. Where a party refuses to engage with the solution offered, without good reason, we may be unable to provide any further assistance and need to close our involvement in the matter. 

Closing a case

  1. There are several reasons why we may close a case dealt with under this policy, including:
    • the problems have been resolved or reduced to a level that parties agree is reasonable 
    • either or all parties are not engaging / cooperating. We will always seek to understand the reason for non-engagement / non-cooperation and whether it is reasonable in the circumstances / whether there are alternative options / support we can offer, before deciding to close the case for this reason
    • there is no further action that is reasonable or available to us
  2. We will inform the parties involved in the case that we are withdrawing our assistance, ensuring they are clear where to report any further concerns in future.
  3. Should any party express dissatisfaction in the management of the matter then details will be provided of our internal complaints service, as well advising them of their legal right to utilise the local Anti-Social Behaviour Case Review Process. 

Persistent, malicious or unreasonable parties

  1. We understand that a party may be disappointed with our decision not to class their report as anti-social behaviour, or the solutions that we offer. We aim to ensure that we are clear, transparent and fair, providing information about the reason for our decision.
  2. Contact that we consider to be unreasonable includes:
    • making reports that a party knows to be untrue, exaggeration or with malicious intent
    • making repeated contact to report or discuss issues that we have previously already making a decision on, without providing any new information
    • making contact so frequently or in such a way that it creates an unreasonable demand on the capacity or resource of the service
  3. In these instances, may feel necessary to take action against the party in line with the corporate policy relating to persistent reporters.  

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