Date approved: March 2021
Review date: March 2024
See below for the full policy, but please be aware this may include acronyms or technical jargon used internally within Raven. If you have any questions, please contact us.
1 PURPOSE/POLICY AIMS
1.1 Raven is committed to playing our part to ensure neighbourhoods and communities are safe places people want to live.
1.2 This policy sets out our approach to tackling ASB in the communities where we work through prevention, support and enforcement where necessary. Our purpose is to minimise ASB and take effective action where it occurs.
1.3 We will support victims by keeping them informed and providing additional support, in conjunction with other agencies where necessary. We will support or signpost perpetrators where they are willing to accept help to improve behaviour.
1.4 We are committed to working with partners and stakeholders to undertake a multi-agency approach to the prevention and reduction of ASB. We will work with partners to identify appropriate actions within the community, and support use of tools such as the Community Trigger.
2.1 This policy is for implementation of all Raven staff to ensure we support customers affected by Anti-Social Behaviour, enforce tenancy conditions where appropriate and offer support or sign posting to perpetrators of Anti-Social Behaviour.
2.2 This policy applies to all property owned or managed by Raven and as such will form part of any management agreement where Raven manages property on behalf of another organisation. For the avoidance of doubt, this includes leasehold and shared ownership homes and communal/estate areas.
3 POLICY STATEMENT (INC KEY POLICY PRINCIPLES & COMPLIANCE WITH LEGISLATION)
3.1 Raven will consider action against ASB perpetrators whether it is committed by customers, a member of their household, a member of the wider community, a member of staff or a contractor or agent of Raven
3.2 We work with communities to develop preventative actions which achieve long-term reductions in ASB. Raven staff work with customers and partner agencies on a range of community projects whose aims include the reduction of ASB.
3.3 We will have due regard for and work within the following legislation;
- The ASB Crime & Policing Act 2014
- The Equality Act 2006 and 2010 • Police & Justice Act 2006;
- The Anti-Social Behaviour Act 2003
- Police Reform Act 2002;
- The Crime and Disorder Act 1998;
- Protection from Harassment Act 1997;
- Human Rights Act 1998;
- Data Protection Act 1998;
- The Housing Acts e.g. 1985 and 1996;
- The Race Relations Act 1976
Raven will comply with new legislation as it is passed by Parliament, together with guidance issued by regulatory authorities, and with published best practice.
3.4 Raven will endeavour to secure assistance from Local Authorities to use their powers under:
- The Environmental Protection Act 1990;
- Section 222 Local Government Act 1972 (for public nuisance);
- The Town and County Planning Act 1990.
- Clean Neighbourhoods & Environment Act 2005
- The ASB Crime & Policing Act 2014
- Community Protection Notices (Included in the Crime & Policing Act, but not available to Raven)
- Any other Statutory Provisions or powers which Local Authorities may use in dealing with anti-social behaviour.
3.5 As a Registered Housing Provider, we will also ensure we comply with the regulatory requirements in the Neighbourhood and Community standard.
4 POLICY DETAIL
4.1 Definition of Anti-Social Behaviour Anti-social behaviour is defined Section2 of the ASB Crime and Policing Act 2014 as:
(a)conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
(b)conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or
(c)conduct capable of causing housing-related nuisance or annoyance to any person.
Examples could include:
- noise nuisance;
- intimidation and harassment;
- the fouling of public areas;
- abusive, offensive threatening language and behaviour
- actual violence against people and property;
- using homes to sell drugs, or for other unlawful purposes
4.2 Definition of Hate Crime:
A hate crime is any criminal offence which is perceived, by the victim or any other person, to be motivated by hostility or prejudice based on a person’s actual or presumed disability, race, religion or belief, sexual orientation or whether they are transgender.
An allegation of any Hate Incident to Raven includes any protected characteristic.
4.3 Raven will work with communities to develop preventative actions which achieve long-term reductions in ASB. Raven staff work with customers and partner agencies on a range of community projects whose aims include the prevention and reduction of ASB.
4.4 Raven will investigate all reported instances of ASB where possible. We believe that in many instances, ASB can be stopped when challenged, with support and early intervention. Wherever possible we will use non-legal intervention measures, such as mediation or coaching. Whilst Raven will investigate reports of ASB, there is an expectation that those reporting concerns take reasonable steps, in order to assist the investigation, and resolution, of the behaviour they have reported.
4.5 Principles of Action: Raven will take positive action to resolve and reduce incidents of ASB by;
- Encouraging the reporting of incidents
- Adopting a victim centered approach, by discussing and agreeing an action plan with the complainant (wherever possible, where an individual victim is identified) that the complainant agrees to – this will also ensure that complainants and witnesses are updated and supported throughout the case.
- Supporting perpetrators to change their behaviour, and should this be unsuccessful, considering further action to abate the behaviour.
- Working with other agencies to stop further harassment and build cohesive communities.
- Publicising this policy to Raven customers.
- Seeking feedback from victims of ASB to ensure the policy and procedures continue to meet their needs.
- Seeking continuous improvements to case management and communication with customers Regarding ASB cases
- Taking effective action and using a range of powers available to us where we consider they can provide effective remedy; ensuring customers are clear when the responsibility rests with Raven and who it rests with when it does not. We recognise that customers and other agencies share this responsibility, we will support other lead agencies in order to reach a resolution.
4.6 The use of coaching & mediation will be encouraged, and evidence collected in a variety of ways, including through customers recording incidents, the use of sound monitoring equipment, CCTV and the use of professional witnesses. Raven will use the most appropriate action in each case, from the range of remedies available.
4.7 Customer Services, Tenancy Service Officers, Tenancy Enforcement Officers and Neighbourhood Wardens will be the key points of contact for customers affected by ASB. These teams will ensure that customers receive an appropriate and timely response to complaints. Raven staff will also liaise with other agencies including the Police and Local Authorities to help ASB Policy March 2021 resolve ASB.
4.8 In accordance with Ravens Allocation Policy, we will consider the need for community cohesion when allocating applicants empty homes. Policies and procedures on repairs, improvements and development of new homes will also take into account the desire to minimise ASB caused by physical factors and to design out crime.
4.9 Customers are encouraged to resolve neighbour disputes themselves or to seek help from other sources, such as a mediation service. Raven is clear that these issues do not constitute anti-social behaviour (ASB) and we will not manage them as such. If something changes to become ASB, a case can be investigated. Neighbour disputes include issues such as:
- Noise from children at play
- Family disputes
- Babies crying
- Sounds from normal living such as doors opening and closing
- Occasional events, such as parties and BBQ’s providing, they don’t cause unreasonable nuisance
- Clashes of lifestyle including food smells, keeping different hours
- Regular noise nuisance, such as weekly parties
- Deliberate breaches of Tenancy Conditions that could be avoided
- Smoking in communal areas
4.10 Implementation – Raven provides every customer with a Tenancy Agreement which defines their rights and responsibilities. Homeowners are issued with a lease which contain similar provisions.
4.11 Where Raven is a major local landlord, we also work proactively with customers and other agencies to prevent ASB. This includes working with statutory agencies on safeguarding issues, community safety partnerships, charities and local mediation organisations, where they are available.
4.12 Raven monitors the costs of the ASB service in terms of staff resources; legal costs and outsourced support. This information is used to improve the service.
5 PUBLICISING THE POLICY
5.2 This Policy will be available to all customers on Ravens website
5.3 The Policy will be shared with all staff for implementation.
5.4 Training will be provided for Customer Services, Housing Services and Homeownership teams
6 MONITORING & COMPLIANCE
6.2 Raven will benchmark its approach and success in dealing with ASB incidents with similar registered providers of social housing.
6.3 This policy will be reviewed every three years.