The council’s ASB responsibilities
Reporting and dealing with ASB
Working with partners to deliver an effective, value for money ASB service across the community
ASB will be addressed firmly, fairly and proportionately
Concerns for children, young people or vulnerable adults
Introduction
The council recognises that the problems created by antisocial behaviour (ASB) need to be addressed in a robust but proportionate manner. Residents are entitled to live in a quiet and peaceful environment and where appropriate the council will aim to act quickly and efficiently to tackle incidents of ASB.
The council’s ASB policy applies to tenants, residents, businesses, visitors and any other occupants. The same principles apply to members of staff and other people working on behalf of the council.
In response to the Antisocial Behaviour, Crime and Policing Act 2014, Harlow Council has introduced a corporate policy, procedures and guidance.
This policy should be read in conjunction with Harlow Council’s Community Safety Team's ASB procedures and guidance, Housing Management ASB procedures and guidance and Environmental Health Services procedures and guidance.
The council’s ASB responsibilities
The council has a wide range of responsibilities to tackle ASB. These arise from 3 distinct roles which are:
- The council’s role as a responsible authority of the Safer Harlow Partnership (SHP) as defined by the Crime and Disorder Act 1998. The act states that the council must work with the police and other agencies to reduce crime and disorder. Harlow Council makes a significant contribution when dealing with ASB.
- The council has a role in responding to ASB affecting private properties, businesses and open public spaces.
- As a landlord the council has a duty to respond to ASB affecting the properties it manages. The council’s landlord duties and powers are in addition and compliment the duties and powers it has to deal with ASB in the wider community.
- The council has a range of responsibilities to deal with environmental ASB such as noise, litter, bonfires, dumped rubbish and abandoned cars. These responsibilities arise from a number of acts, but in particular the Environmental Protection Act 1990.
Whilst these are distinct roles, there are very strong links between all four and close working arrangements have been developed between teams that deliver the various services. ASB is tackled by a number of different teams within the council, each works to its own set of policies and procedures.
- The council will consider all possible powers, civil and criminal, available to it and take appropriate action.
- The council will forward reports of ASB to the police where necessary.
- Enforcement action against ASB can take an informal, quasi-legal, or legal form. Prompt, targeted action is sometimes more successful than drastic action for tackling ASB before it escalates.
What is ASB
The Antisocial Behaviour, Crime and Policing Act 2014 defines ASB as:
- 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 or residential premises, or
- conduct capable of causing housing-related nuisance or annoyance to any person.
ASB covers the range of behaviour from low-level nuisance to serious harassment, which can damage the quality of life and interfere with the ability of people to use and enjoy their home or community.
Reporting and dealing with ASB
As part the council’s continued commitment to address ASB and the perception that ASB is a problem in Harlow, in partnership the council will:
- Work to ensure reporting ASB is as easy as possible. Take all reports seriously, by recording and investigating all cases, and keep victims informed of action taken.
- Ensure that all victims and witnesses are treated fairly, with dignity and respect; listen to victims and provide ongoing support where appropriate, particularly to those victims considered vulnerable.
- Support victims of ASB by providing practical support in partnership with victim support agencies to address victim’s needs.
- Share relevant information and intelligence on ASB with partners; analyse information to identify repeat victimisation, known perpetrators and affected parties and respond speedily to such intelligence.
- Tell the public what the council is doing to tackle ASB so they have the confidence to report issues, and encourage residents to play their part in reducing ASB.
- Ensure that the Safer Harlow Partnership provides suitable routes which communities or individuals can raise concerns when it is considered that
ASB is not being taken seriously. - Through education and early intervention, work to reduce and where possible prevent ASB and the perception that ASB is a problem in the community.
- Respond in a timely manner to reports of breaches of ASB enforcement measures.
Working with partners to deliver an effective, value for money ASB service across the community
The council will play a full part as a lead member of the Safer Harlow Partnership and in partnership it will:
- Participate in relevant strategic or preventative initiatives, being mindful of its core activities, current workload and cost of participation relative to the likely benefits.
- Participate in multi-agency workgroups dealing with specific ASB issues.
- Work with registered social landlords, private landlords, letting agents, education establishments and businesses, providing professional advice and support as required so that organisations can act confidently to prevent or tackle ASB making use of their own resources.
ASB will be addressed firmly, fairly and proportionately
The council will:
- Take any reasonable early action to protect people and property.
- Investigate the circumstances and seek to understand all the facts of any matter reported to the council.
- Use the tools and powers available to the council under current legislation, council policy and according to the council’s best professional judgment.
- Take into account (and adjust the council’s approach as necessary) when a victim or a perpetrator is a vulnerable person.
- Not necessarily intervene in low level disputes between households concerning minor lifestyle differences.
- With the consent of people involved, the council may refer suitable low level cases to a mediation service.
Concerns for children, young people or vulnerable adults
During the course of an investigation an officer may come across a person whose welfare may raise concerns. Whether or not the subject has a direct connection to the case under investigation, it remains the duty of officers to ensure that these concerns are properly logged and the council’s safeguarding policy is adhered to.
Information sharing
Where appropriate, the council will share information with relevant partners so the council can carry out its functions and duties in accordance with the Crime
and Disorder Act 1998.
The council will work within the provisions of the Data Protection Act which provides a background for the sharing of information and the need for confidentiality and privacy.
Discretion
This policy commits the council to deal with ASB in a way that will be fair and, in all important respects, consistent across cases of a similar kind. However, its services are constantly evolving and each ASB case the council deals with is likely to be unique in some or other aspect. This means that the council may occasionally use its discretion to vary its approach from that described in this policy.
Complaints
Where members of the public feel that positive action is not taking place to deal with ASB they can complain by contacting the council and requesting a copy of the Complaints Procedure which provides step by step guidance on making a complaint.
Where members of the public have made three complaints of ASB or one complaint of Hate Crime in a qualifying six month period where no action has been taken the complainant can make an application for an ASB Case Review (Community Trigger).
Any application for ASB Case Review will adhere to the Essex model as agreed by all councils and the Office of the Police and Crime Commissioner (OPCC)
ASB Case Reviews that meet the threshold for review will be managed in accordance with the council’s ASB Case Review Guidance.
Tools available to tackle ASB
Mediation
In many cases of ASB, mediation can be an effective tool, solving the issue by bringing all parties to the table. This can be very effective in
neighbour disputes and lifestyle differences and similar situations where it is difficult to identify the victim and the perpetrator.
For mediation to deliver long-term solutions, those in dispute should agree a solution. Mediation can be arranged by the council’s Community Safety Team, Housing Services and Environmental Health Service. It is not for the mediator to establish a solution to the issue as, in most cases, they will have already tried this with each party unsuccessfully. For mediation to deliver long-term solutions, those in dispute should agree a solution.
Acceptable Behaviour Contracts
Acceptable Behaviour Contracts are a voluntary contract between a perpetrator of ASB and the agency or agencies acting to prevent that behaviour usually the council and the police. The contract will contain a number of ASB acts that the person has been involved in and agrees not to continue together with positive measures.
The acceptable behaviour contract is not legally binding and usually lasts for 6 months. If a person fails to attend the interview or does not agree to sign, the
contract may be used as evidence in any further court action. If the person breaches the conditions of the contract, enforcement action may be taken and this may include seeking an injunction, acceptable behaviour contracts are a tool available to the council’s Community Safety Team, Housing Services and Environmental Health Service.
Civil injunctions
ASB orders were introduced by the Crime and Disorder Act 1998. They are civil orders designed to protect the public from behaviour that causes or is likely to cause harassment, alarm or distress. The Antisocial Behaviour, Crime and Policing Act 2014 introduced the civil injunction which replaced ASB orders and the ASB injunction.
The purpose of the civil injunction is to offer fast and effective protection for victims and communities and set a clear standard of behaviour for perpetrators, stopping the person’s behaviour from escalating and can be applied for by councils, social landlords and the police, including the British Transport Police. The civil injunction can be used to deal with a wide range of behaviours, many of which can cause serious harm to victims and communities in both housing and non-housing related situations.
A civil injunction is issued by the County Court and High Court for those over eighteen and in the Youth Court for under eighteens. Breach of an injunction is not a criminal offence, but the breach must be proven to the criminal standard, that is, beyond reasonable doubt. Guidance for civil injunctions can be found in the council’s Community Safety Team ASB investigation procedures.
Criminal Behaviour Orders
A Criminal Behaviour Order is available on conviction for any criminal offence in any criminal court. The order is aimed at tackling the most serious and persistent offenders where their behaviour has brought them before a criminal court.
A Criminal Behaviour Order can deal with a wide range of ASB following the individual’s conviction for a criminal offence. It is a criminal offence if
an offender fails to comply, without reasonable excuse, with either the requirements or prohibitions in the Criminal Behaviour Order. The court has the
power to impose serious penalties on conviction, including on summary conviction in the magistrates court a maximum of six months in prison or a fine or both or on conviction on indictment in the crown court a maximum of five years in prison or a fine or both. Guidance for Criminal Behaviour Orders can be found in the council’s Community Safety Team ASB investigation procedures.
Community Protection Notice
A Community Protection Notice is intended to deal with particular ongoing problems or nuisances which negatively affect the community’s quality of life by
targeting those responsible.
A Community Protection Notice can be issued if the council is satisfied on reasonable grounds that the conduct of the individual, business or organisation is having a detrimental effect on the quality of life of those in the locality which is persistent or continuing in nature and is unreasonable.
Possible sanctions for breach of the notice include a fixed penalty notice, paying for remedial work or forfeiture of items. Guidance for Community Protection Notices can be found in the council’s Community Safety Team ASB investigation procedures.
Public Space Protection Order
Councils have the power to make Public Space Protection Orders, these are intended to deal with a particular nuisance or problem in a specified area that is detrimental to the local communities quality of life, by imposing conditions on the use of that land. They are designed to ensure that the law-abiding majority can use and enjoy public spaces, safe from ASB. Duration of Public Space Protection Orders are valid for a period of 3 years. Sanctions for breach of an order include a fixed penalty notice or summary conviction in the magistrate’s court to a fine not exceeding £500. Guidance for Public Space Protection Orders can be found in the council’s Community Safety Team ASB investigation procedures.
ASB injunction
The Housing Act 1996 sections 153a, 153b, 153c, and 153d enable social landlords to apply to the court for an injunction to prevent ASB, unlawful use of premises and breaches of conditions of tenancy. An injunction is a civil remedy obtained through the County Court and either compels a person to do something or forbids a person from doing something. The Housing Act 1996 also allows for a power of arrest in relation to a breach or an anticipated breach of the terms of the tenancy agreement. Guidance for ASB injunctions can be found in the council’s Community Safety Team ASB investigation procedures.
Demoted tenancy
Sections 14 and 16 of the Antisocial Behaviour Act 2003 allow the local housing authority to apply to the court for a demotion order, which when applied to a secure tenancy results in a non-secure tenancy. This removed the tenants “Right to Buy”, Right to Exchange”, and their security of tenure for a minimum of one
year. If, however, the behaviour of the tenant is modified within this period, a new secure tenancy agreement is issued. Guidance for demoted tenancies can b found in the council’s Housing Service’s Management ASB procedures.
Possession orders
Possession proceedings allow landlords to apply for and possibly take back possession of a property in cases where there has been a breach of the tenancy. A notice of seeking possession will be served in the first instance and then an application to the County Court for a hearing must be made. It is at this hearing the judge will decide if it is reasonable for the perpetrator to lose their home. Guidance for possession orders can be found in the council’s Housing Service’s Management ASB procedures
Amendments to the discretionary grounds for eviction
Section 98 of the Antisocial Behaviour Crime and Policing Act 2014 inserted new provisions into the 1985 and 1988 Acts to enable the landlord to seek possession where a tenant (or a person living in or visiting the tenants home) is guilty of conduct likely to cause nuisance or annoyance to the landlord, or someone employed in connection with the landlords management functions. There is no requirement for this conduct to have taken place within the locality of the tenant’s home. Guidance for amendments to the discretionary grounds for eviction can be found in the council’s Housing Service’s Management ASB procedures.
Closure orders
Section 4 of The Antisocial Behaviour, Crime and Policing Act 2014 gives the council or the police powers to issue a closure notice in respect of
premises that are being used, or are likely to be used, to commit nuisance or disorder.
Following service of the notice an application must then be made for a closure order to the magistrates court within 48 Hours. An order can be granted for up to 3 months initially and possibly extended to 6 months during which time entering or remaining in the premises is an offence and the property will be sealed.
As the landlord, where a closure order is granted, possession proceedings should commence as soon as possible after the order has been made, unless there are extenuating circumstances not to seek a possession order. Guidance for closure orders can be found in the council’s Community Safety Team ASB investigation procedures.
Statutory noise nuisance
Part III of the Environmental Protection Act 1990 provides a statutory regime to deal with certain specified matters some of which that might also constitute ASB. The most relevant example is noise crossing the boundary between premises, which if in general it meets the definition of a nuisance at common law will be a statutory nuisance.
The council will carry out a reasonable investigation of alleged statutory nuisances, and if it is satisfied that a nuisance exists, will serve a statutory notice on the person responsible requiring that the nuisance be abated. It is an offence to fail to comply with an abatement notice, and the council also has powers to abate the nuisance itself including in the case of noise, seizure of noise-making equipment, and recover the cost of doing so in court from the person responsible. On conviction, the court may impose a fine of up to £5,000, may impose a daily penalty for ongoing offences, and may order any property seized to be forfeited.
Should these measures prove insufficient to abate nuisance, further measures such as an application for a Criminal Behaviour Order (described above) on conviction may be considered appropriate.
Complaints about noise that might be a statutory nuisance are dealt with in accord with the council’s approach to investigation of statutory nuisances, explained in the advice note for service users.