Statement of Anti-Social Behaviour Procedures

Statement of Anti-Social Behaviour Procedures Implementation date November 2009 Review date November 2010 1

Contents 1. Introduction 1.1 Introduction 1.2 Purpose and scope 1.3 Related documents 2. Managing Complaints of Anti Social Behaviour 2.1 Receiving the initial complaint 2.2 Prioritising the complaint 2.3 Interviewing the complainant 2.4 Actions after interviewing the complainant 3. Recording and Case and Administration 3.1 Case management 3.2 ASB data base 3.3 Closing a case 3.4 Service standards 4. Supporting Victims and Witnesses 4.1 Security measures 4.2 Moving the Victim 4.3 On going support for victims and witnesses 5. Self help and mediation 5.1 Self help 5.2 Mediation 6. Enforcement actions available to challenge and tackle ASB 6.1 Interviewing the alleged perpetrator 6.2 Letters and warnings 6.3 Acceptable Behaviour Agreements 6.4 Action Against leaseholders 6.5 Further investigation and evidence gathering 7. Legal Action 7.1 Injunctions 7.2 Possession proceedings- secures tenancies 7.3 Possessions proceedings-introductory tenancies 7.4 Anti-Social Behaviour Orders (ASB0 s) 2

8. Working with our partners 8.1 Information exchange 8.2 Redbridge Safer Communities Partnership 8.3 Redbridge Council Community Protection Service 8.4 Working with the Police 8.5 Multi agency working with young people 9. Support for vulnerable victims and perpetrators 9.1 Identifying vulnerable residents 9.2 Taking action against vulnerable residents 9.3 The Disability Discrimination Act Appendix 1. ASB categories Appendix 2. Standard ASB forms and letters 3

1. Introduction 1.1 Introduction All of our residents have the right to live peacefully in their homes and communities. We recognise that antisocial behaviour can have a severe impact on the quality of our residents lives and that we have a responsibility to take action to stop and prevent it. 1.2 Purpose and Scope This procedure provides guidance to Redbridge Homes staff who deal with anti- social behaviour. It describes the stages of a case investigation from receipt of the initial complaint, through to the resolution and closure of a case. 1.3 Related documents Statement of Anti-Social Behaviour Policy Summary of Anti-Social Behaviour Policy and Procedure Domestic violence Policy Domestic Violence Procedure Hate Crime Policy Hate Crime and Procedure 4

ASB Process Chart Initial complaint received Same day Assess and prioritise complaint Priority 1 Priority 2 Priority 3 Within 3 working days Within 3 working days arrange to Within 5 working days arrange to Interview Complainant Interview Complainant Write to complainant confirming complaint Arrange to interview perpetrator if appropriate Write to alleged perpetrator advising of ASB Write to perpetrator confirming interview Take appropriate action Contact and update complainant Review investigation Minimum of monthly contact with complainant Close case If there have been no further incidents for at least 8 weeks write to complainant advising that we have done so 5

2. Managing complaints of anti-social behaviour 2.1 Receiving the initial complaint Anti Social behaviour (ASB) complaints can come from various sources: letter, telephone call, or a visit to one of our Housing Offices. Reports might also be made via the Police, Redbridge Council's Community Protection Service, other Council services and agencies such as Victim Support. The Customer Services officer (CSO) or whoever receives the first complaint will complete the Initial Complaint Form (ASB1), and email this to the ASB team. On receipt of the first initial report of ASB the ASB Officer will log the complaint on our database and contact the complainant acknowledging their complaint. Anonymous complaints: Anonymous ASB reports should not be ignored and need to be recorded as above. It may be possible to investigate circumstances such as dangerous vehicles or rubbish dumping, frequent callers, and drug activity without the need for an identified complainant. Petitions: ASB reports can also be in the form of a petition. Whoever receives a petition must pass it to the ASB Team to respond to. 2.2 Prioritising the Complaint When complaints are received we need to make an initial assessment about the severity of the behaviour. This is to determine how quickly we need to investigate and respond. There are three levels of priority set out in our procedure. Severe Priority 1, Priority 2, where the case is not considered severe, and Priority 3 complaints, which concern first reports of environmental and low level ASB. Priority 1: Severe Where ASB is considered severe this would include: 1 Evidence of danger to the household 2 Threats of violence or actual violence 3 Intimidation or harassment on ground of race, disability, sexual orientation, religious belief, age, gender or vulnerability 4 Significant property damage 5 An indication that the person cannot remain at their home due to the ASB In Priority 1 or severe cases the investigating officer will contact the complainant within 1 6

working day and offer to meet with them and interview them within 3 working days, of receipt of their first complaint. Priority 2: Not Severe Includes but is not limited to: 1 Non-threatening verbal abuse 2 Ongoing complaints of noise nuisance 3 Local quality of life issues e.g. vandalism, graffiti, nuisance from vehicles, etc 4 Nuisance from misuse of communal areas, intimidating gatherings in public areas, etc For Non Severe or Priority 2 cases the investigating officer will contact the complainant within 3 working days and offer to meet with them and interview them within 5 working days of receipt of their first complaint. Priority 3: First reports of lower level and environmental ASB In the circumstances set out below instead of arranging to meet with the complainant we may sometimes write directly to the person causing the alleged nuisance, as this may provide a more efficient and speedier response to some initial reports of ASB. The circumstances when we will respond in this way are: When we receive a first complaint of rubbish dumping, rubbish being left on communal landings etc First complaints concerning nuisance caused by children playing ball games on communal areas First complaints of noise nuisance Other first complaints concerning environmental quality of life concerns such as dogs fouling communal areas and unkempt gardens. In these situations we will write to the complainant acknowledging their complaint within 3 working days and also write to the person causing the alleged problem within 3 working days of receiving the initial complaint. Checking previous tenancy history: At an early stage of the case investigation, when responding to the initial complaint, the Investigating Officer should check the ASB database and tenancy files of those involved. This is important, as there may have been a complaint made previously or there may be an ongoing investigation. If there is an identified perpetrator, checks also need to be made to determine if the person complained about has an introductory tenancy, and if the Income Recovery Team is taking action or has served a NOSP or NOPP 7

2.3 Interviewing the complainant. The first interview with the complainant is one of the most important steps in how we respond to complaints of ASB. At this interview we aim to establish exactly what the problems are and also take the opportunity to explain our role and how we handle investigations. Our aim is to: establish the facts as described by the complainant find out what action the complainant may have already taken discuss with the complainant possible solutions: mediation; interview with alleged perpetrator; legal action; other measures. explain the use of ASB incident diary and the importance of the complainant recording incidents as they occur. agree on actions to be taken. The interview will usually take place at the complainants home, but it may also be at the office. Wherever the interview takes place, the investigating officer needs to ensure that it takes place in a private and confidential place, interpretation is provided if required, and enough time is set aside take a full report of the issues. 2.3 (1) Completing the ASB report form Wherever possible, the investigating officer should record a complaint on the ASB Report Form (ASB2), which needs to be completed with the complainant. If it is not possible to use a report form, then detailed notes of the interview must be completed. The first sections contain the victim s details and require the case to be categorised. Further information on the ASB categories we use is detailed in Appendix 1 ASB case categories The investigating officer should choose one category only and the assessment should be based on the most serious issue when different types of ASB are reported. For example if there are reports of noise nuisance involving a perpetrator who had then verbally racially abused the complainant the case should be categorised as racial harassment, rather noise nuisance. The next sections concern information regarding the alleged perpetrator and require a statement to be taken from the complainant. The form provides guidance on what information needs to be included here. However, it is important to tell the story of what happened in sequence, and detail the effect the behaviour has had on the complainant. Officers should avoid putting words in witness s mouths but should try and clarify what is being said so that it can be put in context. During this initial interview an assessment needs to be made of the seriousness of the 8

complaint. In cases where there is violence or threats of violence, the safety of the complainant needs to be considered: including the possibility of emergency re-housing, the provision of additional security measures and the use of legal remedies such as injunctions. However, in the majority of cases initial actions are likely to involve interviewing the alleged perpetrator, sending warning letters and making referrals to mediation and other organisations. 2.3 (2) The ASB Incident diary Incident diaries are our main tool for gathering evidence. Officers should take the time to explain the incident diary to the complainant, and explain why it is necessary to collect first hand evidence from them. An arrangement also needs to be made for how and when the diary is to be collected or returned. 2.3 (3) Hate Crime reporting All of our Local Housing Offices are third party reporting centres for hate crime and domestic violence. This is a Redbridge wide scheme, which allows victims to report hate crime without having to directly approach the police or other agencies. All staff should encourage the third party reporting of hate crime, however, reports can only be made with the complainant s consent. Third party reports are made using the 3rd party reporting form, and with the victims consent information can also be shared with: Redbridge Disability Association Redbridge Equalities and Community Council Redbridge Safer Communities Partnership Redbridge Council Redbridge Victim Support If the victim or complainant does not want the police to investigate the incident or a referral to be made to other agencies then a report form can still be completed anonymously and non personalised information will be recorded by the police and other agencies concerned. Completed forms need to be faxed or emailed to the Hate Crime Co-ordinator for Redbridge Safer Communities Partnership. For complaints of domestic violence the separate DV1 Form should be used. For further information see separate, and domestic violence, and hate crime procedures. 2.3 (4) At the conclusion of the interview The investigating officer will provide the complainant with 1. ASB Incident Diary. 2. details of other agencies and support services whom might assist 9

3. a copy of our information leaflet on ASB. 4. produce a full written account of the interview and enter all notes and actions relating to this interview on the ASB database. 5. produce an action plan ( see section 3.1 below) setting out further actions to be taken, and write to the complainant confirming the agreed actions. 2.3 (5) Translation & Interpretation Officers coming into contact with a complainant for the first time need to remember that English may not be their first language. If the complainant has difficulty communicating in English then it is necessary to identify their: preferred spoken language for interviews ability to read either English or another language for correspondence preferred written language for completing diary sheets Having established which language is required, the Investigating Officer should arrange for an appropriate interpreter to be available. Every effort should be made to provide trained, skilled interpreters when conducting interviews. Family members and friends should only be used: with the consent of the complainant; to assist in arranging an appointment with an interpreter in the event of an emergency situation when to wait for an approved interpreter would result in unacceptable delays. Children should never be used as interpreters and family members should not be used for perpetrator interviews. In such circumstances, an independent interpreter should be arranged. 2.3 (6) Other barriers to communication Officers should also remember a resident with communication, hearing or visual disability may prefer other means of communication such as large print format letters and documents, use of Dictaphone instead of written ASB diary etc and every effort should be made to accommodate these needs. 2.4 Actions after interviewing the complainant Following the receipt of the initial complaint of ASB the Investigating Officer then needs to consider the further action(s) that can be taken to support the complainant and address the ASB concerned. 2.4 (1) Support for the complainant It is very important to make regular contact with the victim. Initially, they should be written to 10

detailing any actions to be taken, and then updated on the progress of our investigation after key stages of our investigation have been completed, for example after the alleged perpetrator has been interviewed. Thereafter, there should be a minimum of monthly contact, or more if there have been any further developments. Contact can be by letter, telephone or home visits etc. However, all contact must be recorded on the case notes. For further information on supporting complainants see section 4. 2.4 (2) Further Investigation Following the initial interview with the complainant there will often be a need for further investigation. This will usually involve interviewing the alleged perpetrator, which is detailed in section 6.1. There may also be a need to interview other witnesses or contact other persons who may reasonably have been expected to have been affected by the behaviour. In these circumstances the Investigating Officer should carry out a door knocking exercise of residents living in the vicinity where incidents of ASB have occurred, and /or send out a general letter appealing for information. Such appeals for information should be worded in such a away so as not to reveal the identity of the alleged perpetrator or complainant. In ongoing or complex cases there may be a need to consider the use of sound recording equipment, CCTV or professional witnesses. (See section 6.5 for further information) 11

2.4 (3) Other actions; There are a number of possible further actions that need to be considered following the interview with the complainant, these are set out below and discussed in more detail throughout this procedure. Self help and Mediation Referrals to other organisations and support services Interview perpetrator Warnings ABA's Legal action Further investigation- use of CCTV and professional witnesses Action with partner agencies 12

3. Recording and case administration The successful resolution of ASB cases can often depend upon keeping accurate case records from the outset. 3.1 Case Management A separate ASB case folder needs to be used for each individual complainant. This will include the ASB2 report form, hard copies of all correspondence and file notes which relate to the case. All evidence that relates to the case such as incident diaries, reports from other agencies, photographs etc. need to be clearly recorded and stored in this folder. The investigating officer also needs to set up a separate electronic folder on the X drive for each case. When a new complaint is received the Investigating Officer will set up a folder for the address of the new complainant. E.g. Barkingside Avenue, No 15. The number always needs to come after the address. In this folder a Word document called Case Action Plan and Chronology needs to be set up. This will be a continuous ongoing record of notes that events can be added to as they occur throughout the investigation. All contacts, telephone calls etc with the complainant, or outside agencies etc. need to be recorded on the chronology. These notes only need to be very brief but do need to be dated and identify who the contact was with. The other Word documents that should be kept in this folder are any letters sent to the complainant and perpetrator, and the file notes of any interviews with the perpetrator. The Action Plan details all key planned actions such as any further investigations that are to be undertaken, and any referrals that are to be made to other agencies. The Action Plan needs to be revised on a monthly basis and updated if further incidents occur, and further actions are required. 3.2 ASB database All new cases need to be entered onto the database and certain key actions recorded such as sending warning letters etc. However, the majority of notes and day-to-day casework will be recorded on the Action Plan Chronology document and not the database. 13

3.3 Closing a case ASB cases will only be closed with approval of the Senior Housing officer (ASB) or as directed by the Area Housing Manager. Cases will only be closed without the complainants consent where there have been at least eight weeks without any further incidents being reported by the complainant, or where the behaviour complained about does not amount to a breach of tenancy or lease. On closure of a case, a standard closure letter will be sent to the complainant advising them of the decision to close their case. A satisfaction survey will also be sent with the closure letter asking residents to comment on the quality of our service. 3.4 Key actions and timescales Throughout this procedure, reference has been made to the key actions that need to take place as part of our case investigation process. The following table is an at a glance list of key actions and expected timescales for completion. Action Complaint received: Initial report form completed Offer to Interview complainant/ complete ASB form Severe Priority 1 Offer to Interview victim/complete ASB form Not Severe Priority 2 Following interview with complainant Complainant written to confirming agreed action plan Where perpetrator to be interviewed send interview letter After perpetrator interview: send warning letter After perpetrator interview: contact and update victim First monthly review Second monthly review Third monthly review Close case send closure letter and satisfaction survey. Priority 3 complaints Send letter to complainant Send letter to alleged perpetrator Time scale Same day Within 3 working days Within 5 working days 1 month after complaint 1 month after first review 1 month after second review Within 3 working days of receipt of initial complaint 14

4. Supporting victims and witnesses 4.1 Security measures The most important thing in an ASB case investigation is the safety of the complainant. We can offer enhanced security measures for the complainant s home where there has been violence, threats of violence or damage to property. These security measures include: Fireproof letterboxes: If the incident involves flammable material put through the letterbox. Lock change: In certain circumstances, we may be able to arrange a lock change to a property. However, a Senior Housing Officer MUST approve this. Security alarms: If there has been violence or a fear of violence. CCTV: To monitor further incidents and gather evidence. Where there has been graffiti or damage to property this should be reported to the Repairs Call Centre as a priority. If graffiti is hate related or offensive, arrangements should be made for its removal within 24 hours. 4.2 Moving the victim Depending on the ASB experienced; the victim may not feel safe living in their home. A resident may also feel unsafe if they are a witness attending court. For most tenants the option of a move will not be possible. The Investigating Officer will explain to the complainant the focus of our approach and procedure is on stopping the behaviour wherever possible, by taking action against perpetrators and supporting the victim to remain in their home. When will moving a victim be considered? The use of re-location to resolve an anti-social behaviour problem needs to be treated with caution because if it is not part of a package of measures it will not tackle the root causes of the problem. However, in certain circumstances it may be the only realistic means of ensuring a victims safety. Safe House We have 2 safe houses located in the Hainault and Wanstead areas. Nominations are accepted for tenants who have experienced severe ASB and who maybe at risk of violence or intimidation if they remained at home. The safe house is a temporary arrangement to be used whilst further investigations and enforcement actions take place. Authorisation for use of a safe House must be given by the Area Housing Manager. Emergency Accommodation Where it is not reasonable for the tenant to remain at their home, and a safe house is not 15

available temporary emergency accommodation can be provided via Redbridge Councils HAC. The use of temporary emergency accommodation must be authorised by the Area Housing Manager. Management Transfers In exceptional circumstances when all other avenues have failed and/ or the tenant cannot return to their home, a Management Transfer can be considered. Any request for a management transfer must be approved by the Area Housing Manager. If agreed the tenant would usually receive one offer only of alternative accommodation on a like for like basis. 4.3 Ongoing Support for Victims and Witnesses Successful action against perpetrators of ASB can usually only be undertaken when complainants agree for us to approach the perpetrator and if necessary give evidence in court. Gaining the trust and confidence of witnesses is key to the successful investigation and resolution of ASB investigations. It is essential that witnesses are supported from initial report up to the final resolution of their complaint. Persuading people to come forward and give evidence can be major difficulty in the investigation of ASB cases as many residents are fearful of reprisals and intimidation. We can support witnesses by providing security measures, see section above, by taking legal action through injunctions (see section 7.1) and providing support throughout the court process. We can also make referrals to other agencies such as Victim Support who are able to provide support to victims of crime and ASB Victim Support is an independent national charity working to help victims of crime. They can provide emotional and practical support to victims, and also provide a court witness service to victims, witnesses and their families before, during and after criminal court hearings. The victim/complainant can self refer or the Investigating Officer can refer the complainant to Redbridge Victim Support Service. A request for referral to victim support is included as part of the action plan on the ASB2 Form If the complainant wishes to be referred to Victim Support or another agency then the Investigating officer should make the initial contact and then arrange for the complainant to speak directly with the agency concerned. Supporting vulnerable complainants If a complainant is believed to be vulnerable, for example due to mental illness or disability the investigating officer should seek the advice of the Tenancy Sustainment Officer, who may be able to provide additional direct support themselves or in conjunction with a relevant support agency (see section 9 for further information). 16

5. Self help and mediation 5.1 Self-help In less serious cases of ASB, the complainant may be able to resolve the problem themselves by approaching the person they are complaining about directly. This should be discussed, with the complainant, as it can often be the most effective way of resolving a minor neighbour dispute. If the complainant feels confident in dealing with the problem they should be encouraged to talk to their neighbour in a non-confrontational way. However, caution should be exercised when discussing this course of action, as it is not suitable where there have been threats of violence or incidents of serious ASB. Also the complainant may not feel confident approaching the other person themselves 5.2 Mediation A more formal way of resolving ASB complaints without resorting to enforcement action is mediation. Mediation should be offered as an option early on in a case investigation, and complainants should be encouraged to explore this option. Mediation may be appropriate if: There is a clash of lifestyles and the issues may not necessarily involve a breach of tenancy There is a need to improve communication and build understanding between neighbours. People have been living peacefully as neighbours for a long time when a dispute suddenly arises. A mediator s role is to act as neutral facilitator and conciliator to help the parties to explore the reasons behind the conflict and to consider possible remedies. They do not make judgments or take sides, but help people to listen to each other s point of view to find common ground, and to jointly agree ways of dealing with their dispute. However, complainants should not be pressurised into mediation, as the mediation will not work, and the complainant may lose confidence in our service. Mediation is also not appropriate where the behaviour complained about is of a serious nature. If the Investigating Officer believes mediation to be a suitable remedy they should approach both parties to discuss and offer mediation. If both parties are interested in pursuing mediation, a referral should be made to the appointed external mediators. If only one party is interested in considering mediation a referral can still be made and if appropriate the mediator will then directly contact the second party. Redbridge Homes currently has a contract with The Mediation Centre. To make a referral, a standard referral form needs to be completed and emailed to TMC 17

The Investigating Officer should then contact the relevant parties to confirm that the referral has been made. TMC will then take over the handling of case. They will advise us of the out come of the mediation, but will not provide details of the discussions that have taken place so as to ensure the confidentiality of the parties involved. 18

6. Enforcement: actions available to challenge and tackle ASB There are a variety of measures available to us as a social landlord to address ASB and enforce our conditions of tenancy. There are also a range of measures that are available to the Police, Local Authority and other agencies to tackle ASB. The circumstances of each incident or series of incidents of ASB need to be carefully considered before deciding upon the most appropriate course of action. The remedies available to us as a landlord are set out in the following section and the remedies available in conjunction with our partners are discussed in section 8. 6.1 Interviewing the alleged perpetrator It is essential that ASB is challenged as unchallenged behaviour often continues or escalates. A key part of the investigation process is, therefore, to arrange a prompt interview with the perpetrator If the complainant has agreed for the perpetrator to be interviewed, the Investigating Officer will write to the perpetrator (using template letter ASB 1), explaining that a complaint has been received and offering an appointment to discuss the matter in detail. This interview should always take place in the office if there are any concerns over staff safety. Depending on the nature of the allegation(s), it may be sensible for the Investigating Officer to be accompanied by another member of staff during the interview. 6.1 (1) Establishing the facts As with the first complainant interview, this first interview with the 'perpetrator' is also very important. During this interview the allegations need to be set out clearly, so that the 'perpetrator' is able to understand the complaints that have been made against them, and also have an opportunity to respond to the allegations. The interview needs to be approached with an open mind and seen as an opportunity to establish the truth. If the complainant has requested anonymity, then this must be respected and the alleged perpetrator advised that we cannot tell them who the complainant is, due to our policy on confidentiality. Once the complaints have been put to the alleged perpetrator, they should be allowed to respond. There could be reasonable explanations for each incident, or the perpetrator maybe able to show that the complaints are unfounded or even malicious. 19

Detailed notes of the interview need to be completed, and the response of the 'perpetrator' to each allegation must be noted. A structure for this is set out in example file note FN1. Whatever the outcome of the interview the Investigating Officer must produce a full written account of the interview and enter all notes and actions relating to this interview on the case chronology and database. Whatever the response from the perpetrator, the Investigating Officer should then write to perpetrator confirming the outcome of interview. This letter might resolve the problem at this early stage, or it might be important evidence to be relied upon later if the problem continues, therefore, it is important to follow the format set out in template letter ASB3. 6.1 (2) Perpetrator s response - acceptance of allegations If the person accepts that the allegations are true, then the action taken will depend on the seriousness of the incident(s) and the nature of the perpetrator. In less serious cases, where they are a tenant, the Investigating Officer will remind them that they are in breach of their tenancy conditions and warn them about the consequences of continuing the behaviour. In more serious cases it may be appropriate to serve a NOSP or seek legal action see section 7. The person interviewed may offer an explanation for the behaviour; this will vary but they may state they didn t realise the behaviour was causing a problem, or that it was a 'one off' and it won t happen again. In some cases they may accept that there are problems, but that they cannot control the behaviour of their children, family, friends or visitors. In such circumstances it is essential the Investigating Officer explains to the resident that they are responsible for the behaviour of all household members and visitors to their home. The Investigating Officer should confirm with the tenant that they have understood the implications of the warning. It might also be appropriate to ask if there is anything that can be offered in terms of support if there are concerns regarding the behaviour of children such as a referral to M Power or referral to the Tenancy Sustainment Officer if the resident is vulnerability or has difficulty coping. 20

6.1 (3) Perpetrator s response - counter allegations Sometimes a resident will make counter allegations against the complainant and allege that it is they who are the victims of anti social behaviour. This situation needs to be handled carefully and any counter allegations must be recorded. It is important to remember that when interviewing a perpetrator the specific allegations made by the complainant must be set out and the 'perpetrators' response recorded. Once this has been done, the alleged perpetrator should have the opportunity to explain their 'side of the story' and any counter complaints they wish to make should be clearly recorded, and a statement taken from them using the ASB2 form if required. Where clear counter allegations have been made against the complainant a separate ASB case should also be created to record the allegations. These allegations then need to be put to the original complainant. There will also be some instances, however, where both parties seem to be responsible for antisocial behaviour or harassment towards each other. In such cases, the Investigating Officer should seek to try and further establish all the facts. This could include speaking to neighbours who have not come forward, who may be affected by the parties conduct. If at the conclusion of this investigation it is believed that both parties have acted in an anti social manner, then both parties should be warned about the consequences of continuing their behaviour. In cases of serious ASB consideration should be given to taking legal action against both parties simultaneously. 6.1 (4) Perpetrator s response - denial of allegations If enquiries have not found further evidence to support the complainant and the allegation is denied, then we must accept the denial. However, the investigating officer should make it very clear to the resident that should the allegations be true, the behaviour must stop immediately. The Investigating Officer must remind the resident of their responsibilities under the tenancy or lease agreement and explain that should there be any substantiated breaches in the future, further action, including legal action maybe against them. 6.1 (5) Perpetrator s response - no response to interview requests If the perpetrator does not respond to letters or other methods of contact and/or fails to turn up to appointments, it is important the investigation is not allowed to drag on. If the alleged perpetrator does not respond to the first appointment to attend an interview then the second interview letter ASB2 offering a further appointment should be sent. If this letter is not responded to then the Investigating Officer should seek to contact the resident by telephone or by visiting the property. At this stage if no contact is made then the perpetrator should be written to detailing the 21

incidents of ASB as reported, noting their negative response and informing them should the allegations be true, and if they do not stop, then we will take further action against them. A framework for this is set out in template letter ASB4. Before letter ASB 4 is sent the Investigating Officer should also check if the resident is known to be vulnerable, and if the ASB is of a serious nature, or is ongoing then they should seek the advice of their Senior Housing Officer. 6.2 Letters and warnings Challenging ASB through an early interview with the perpetrator and then confirming this with a detailed warning letter will in many cases be sufficient to make the resident understand the consequences of their behaviour. However, if the behaviour continues successful legal action depends on the quality of evidence and documentation produced in court. The letters written to a perpetrator will play a significant role in any court proceedings at a future date. A letter to a perpetrator that gives clear warnings about their conduct shows a judge that the tenant knew the consequences of continuing anti social behaviour (or allowing it to continue if the perpetrator is a visitor or a household member). 6.2 (1) Written warnings A letter, which is written to confirm an interview or to record that the tenant did not attend the interview, should Include: a clear description of the alleged behaviour a statement saying that if the problems described are true, they would constitute a breach of the tenancy/lease agreement between them and Redbridge Council a note of the tenant s response e.g. acceptance and apology, denial, counter claim, non attendance at interview, etc. a note of any offer to resolve the problem e.g. mediation, change of behaviour, assistance from an outside agency such as Social Services etc. a clear statement as to the consequences of continued breaches of the tenancy agreement i.e. possible legal action. An example template letter ASB3 detailing our tenancy conditions that relate to ASB is available. If the ASB continues after initial interview and warning given to the perpetrator then there may be a need to consider further investigation and or legal remedies (see sections 6.5 and 7 for more information.) 22

6.3 Acceptable Behaviour Agreements (ABA's) An Acceptable Behaviour Agreement (ABA) is a voluntary agreement between Redbridge Homes and a perpetrator of ASB. The purpose of the contract is for the individual to understand what is and what is not acceptable behaviour. By signing the agreement, the perpetrator agrees not to behave in an anti-social way. It also allows them to demonstrate that they are willing to improve their behaviour. Typically agreements might cover: issues such as: graffiti or acts of vandalism keeping away from certain people or places. using offensive or threatening language or behaviour. limits to volume or timing of music being played. The ABA will normally be signed in the investigating ASB Officer by the individual concerned, a police officer, and an officer from Redbridge Homes. If the individual concerned is under the age of 18, then a parent or guardian must also be present. Where the perpetrator is believed to be vulnerable or engaging with support or other services, then a support worker or social worker may also attend. If the person is under 18 years a representative from the M Power should also be invited to attend who will carry out an assessment with the young person and offer to arrange a referral to a mentor, and/ provide other support to the young person concerned. ABA' s are most commonly used to address the behaviour of young people aged between 10-18 years. An ABA is not generally suitable for young people under the age of 10 years. As an alternative, we may use a Parental Control Agreement (PCA), which is signed by the parent. If an individual has been identified as a candidate for an ABA then the Investigating Officer will liaise with the Police, usually the local Safe Neighbourhood Team, and agree the proposed terms of the contract. If the individual concerned is under 18 years old then checks also need to be made with the Youth Offending Team and M Power to clarify if they are already working with the person and seek their views on whether they believe an ABC is appropriate. Both the Investigating Officer and the Police should monitor the ABA, which is usually for a duration of 6 months. If the Investigating Officer is made aware of a breach to the contract they should contact the Police to discuss what further action to take. This could include: a further meeting with the person and their Parents/Guardians or Social Worker. a referral to the Borough Anti-Social Behaviour Panel for consideration for an ASBO consideration of possession proceedings or injunction if applicable. An ABA is not legally binding but it can be cited in court for an application for a Possession Order or a in support of an Anti-Social Behaviour Order. 23

6.4 Action against Leaseholders The terms of our lease(s) require all leaseholders to be responsible for their own behaviour and the behaviour of visitors to their homes. Action can also be taken against leaseholders by way of, injunctions, ASBO s, and action by Redbridge Council under the Environment Protection Act (EPA) 1990 in relation to statutory noise nuisance. In the most extreme cases of nuisance it is possible to seek forfeiture of a lease, but this would require compelling evidence to convince a court that forfeiture of a lease is a proportionate remedy to stop the behaviour complained about. 6.5 Further Investigation And Evidence Gathering. 6.5 (1) Sound Monitoring Equipment Redbridge Homes has access to one DAT sound recorder, which is deployed by the ASB Team. This recorder can be installed in a complainants home and used to record noise levels coming from another property. The recorder is usually installed for a period or one or two weeks and the results analysed to determine if the level of nuisance is such to amount to a breach of tenancy. It is not always appropriate to install a DAT recorder and it will only usually be used in circumstances where the complaint has agreed to keep regular incident diaries and where the nuisance complained of has become persistent in nature. In certain circumstances it may also be more appropriate for the Councils Public Protection Service to lead on gathering evidence that relate to noise nuisance, as they have additional remedies available to address noise nuisance and also have access to their own noise monitoring equipment. 6.5 (2) Covert CCTV Surveillance Using surveillance techniques to tackle ASB can be expensive and time-consuming. The decision on whether to use surveillance in an ASB case investigation will depend on the circumstances of the case, and the likelihood of success. Redbridge Homes has access to a small range of CCTV equipment that can be used to carry out covert surveillance. This equipment is designed to facilitate surveillance of areas immediately adjacent to a complaints home, for example to try and identify persons responsible for carrying act of vandalism or graffiti to a dwelling. If more complex surveillance of an area is required, for example to identify if drug dealing was taking place on an estate, or to identify persons responsible for public disorder, we would seek to carry out any such surveillance in conjunction with partner agencies such as the Police, and would use external professional witness contractors for such purposes. Before any covert surveillance can be undertaken there is a need to ensure that the proposed action conforms to the Regulation of Investigatory Powers Act (RIPA). This ensures that we do 24

not breach any legal or human rights legislation. 6.5 (3) Professional Witnesses Before professional witnesses are engaged the ASB Team will make an assessment of suitability and will ensure: the proposal is supported by the Police the proposed operation is technically possible, e.g. that there is a vantage point which can be used in carrying out surveillance any statutory requirements are met the proposed operation is proportionate to the problem Professional witnesses will then only be commissioned with the approval of the Area Housing Manager. 25

7. Legal action This section describes the legal options available to us address ASB. 7.1 Injunctions Injunctions are an order from the Court and are a discretionary remedy. This means that the Court decides whether it would be appropriate for one to be issued. They are Court orders that make somebody do something or stop doing something. If the terms of an Injunction are broken then this is contempt of court. An application is made to the court, which then decides what punishment is suitable, this could be a fine or, for serious breaches imprisonment. Injunctions have a number of advantages: they are relatively quick to obtain, offer reassurance to the victim that they have some legal protection and may avoid the need for possession action. If possession action is subsequently taken breach of an injunction is very useful evidence. Injunctions can also have a power of arrest or an exclusion order attached to them. However, injunctions can usually only be enforced against adults. We would normally use injunctions where there had been threats of, or actual violence, or as a protective measure in conjunction with other court action. However, we can also use injunctions against residents in less serious situations, such as enforcing the removing a satellite dish, or the requirement to keep a garden tidy. These injunctions used in these circumstances will usually be as a last resort and done on notice (see below). 26

The ASB Act 2003 replaced sections 152 & 153 of the Housing Act 1996 with sections 153(A) to 153(D) with new provisions for applying for 3 types of injunctions. 4.1 (1) Section 153A Anti Social Behaviour Injunction This created a new ASB Injunction, which extends the range of conduct against which an injunction may be obtained and protects a far wider range of victims. A section 153A Injunction is available against anyone responsible for conduct: 1 Which is capable of causing nuisance or annoyance to any person; and 2 Which directly or indirectly relates to or affects the housing management functions of a relevant landlord; Section 153B Injunction against unlawful use of premises this applies where the conduct complained of : consists of or involves using or threatening to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose. Section 153D injunction against breach of Tenancy Agreement this applies in respect of the breach or anticipated breach of our tenancy agreement on the grounds that a tenant: is engaging or threatening to engage in conduct that is capable of causing nuisance or annoyance to any person; or is allowing, inciting or encouraging any person to engage or threaten to engage, in such conduct. Section 153C Power of Arrest or Exclusion Order this section allows the Court to attach a power of Arrest or Exclusion Order to any of the above injunctions where the court believes that either of the following conditions applies: the conduct consists of or includes the use or threatened use of violence; or there is significant risk or harm to one of the victims as set out in the ASB Injunction (Section 153A) The Court may also include a provision prohibiting the person in respect of whom it is granted from entering or being in any premises and/or any area specified in the Injunction. A Power of Arrest authorises the Police to arrest the person on breach of the Injunction and 27

keep them detained until they can be brought before a Judge (normally the next day) who decides what sentence is appropriate for the breach. Under Section 153E an Injunction may be made for a specified period or until varied or discharged. 7.1 (1) Without Notice Injunctions Without notice injunctions can (as their name suggests) be granted by a court without the person complained about being there. In order to grant a without notice injunction, the court must be satisfied that there is a real and immediate threat of further violence or harassment. An application for a without notice injunction needs to be made as soon as possible. Preferably, this should be on the same day as the incident occurred or was reported to us. If there is a delay of two or three days, it greatly weakens our chances of being successful. For example, a judge may point out that as no incidents occurred in the previous few days, there was no immediate threat and therefore, no reason to grant a without notice injunction. Speed is crucial for these applications to be successful. If a without notice injunction is granted the Court will set a date for further hearing, normally a week later at which the respondent can attend. 7.1(2) On notice injunctions On notice injunctions work in the same way as without notice injunctions, except that the perpetrator is notified of our application beforehand. On notice injunctions would be used in less urgent cases, often where we need to protect witnesses who are acting for us in possession action, or where there is a need to enforce a term of tenancy such as stopping someone causing noise nuisance or harassing another resident. 7.1 (3) Monitoring Once an injunction has been obtained, it is important to continue to monitor the situation and act quickly if there is any breach. The Police should be made aware of the Injunction so that officers attending an emergency call out in connection with continuing nuisance respond appropriately. If a power of arrest has been granted a copy of the injunction needs to be logged at Ilford Police Station. 7.2 Possession Proceedings If there has been a serious breach of our tenancy agreement, or if the steps taken to resolve the anti-social behaviour have not worked, and where there are repeated and continuing tenancy breaches, then we will take legal action to seek to repossess a tenants home. The process we take varies depending on the type of tenancy. Most Redbridge Homes tenancies are secure tenancies. This includes all tenancies that have been running for more 28

than 12 months or have transferred from another Local Authority where they were secure tenants. All new tenants are granted an introductory tenancy; the process for ending an introductory tenancy is described in section 7.3 7.2 (1) Secure Tenancies: Notice of Seeking Possession (NOSP) The service of a NOSP is the first step towards seeking possession of a tenant s home. As its title suggests, it does not end the tenancy but gives the tenant a warning ( notice ) that we intend to seek possession of their property. We would usually only take possession action, and therefore serve a NOSP, in particularly serious or persistent ASB cases. We may also use possession action where other action (such as ABC's or Injunctions) has not been successful. Possession action can be a lengthy process and possession orders can be difficult to obtain. Sometimes it can take many months for a case to have its final hearing in court. However, in certain instances possession action may be the only viable option to stop ASB. The ASB team will draft all NOSP's related to ASB. As a guide, a NOSP contains the details: following Tenant s name and address The grounds for possession. Two grounds are most commonly are used in ASB cases: Ground 1 states that any obligation of the tenancy (other than rent) has been broken or not performed. Ground 2 states that the tenant or a person residing in or visiting the dwelling has been guilty of conduct causing or likely to cause a nuisance or annoyance to others. Alternatively, they have been convicted of using the dwelling for illegal purposes, or have been convicted of an arrestable offence committed in, or in the locality of the dwelling. Relevant clauses of the tenancy conditions relating to ASB. Details of each ASB incident that we will rely on. The date that court proceedings will start (this will usually be four weeks from the service of the NOSP). However, in cases of very serious ASB, the court can dispense with the need for a notice, as long as it is just and equitable to do so. The NOSP must be signed by a delegated Redbridge Homes Officer, normally the Senior Housing Officer or Area Manager. We can serve a NOSP by sending it recorded delivery with an accompanying cover letter. However, it is usually more appropriate to deliver it by hand to the address. Ideally, the ASB Officer should give the NOSP to the tenant in person. This ensures that the tenant receives it, and gives us the opportunity to explain what the NOSP is and what it means for the tenant. 29