Who looks after this policy: | Head of housing services |
Who approved it: | Our Executive team |
When was it last reviewed: | June 2021 |
When is the next review: | June 2024 |
1. Introduction
B3Living is committed to creating safer neighbourhoods, stronger communities and pleasant environments. Our customers should enjoy a good quality of life, feel safe and live without the fear of being subjected to anti-social behaviour (ASB).
We have a responsibility to promote and protect the right of customers to have peaceful enjoyment of their homes and the surrounding areas. We will do all we can to prevent ASB, take a victim-centred approach and use the range of tools and
powers available to remove harm and deal with perpetrators.
This policy sets out the principles and our overall approach to prevent, reduce and tackle ASB.
A comprehensive ASB Framework that also covers related policies such as Domestic abuse, Race, Disability and Hate Crime, together with detailed procedures, will help to implement this policy.
2. Scope
This policy deals with our fundamental belief that everyone has the right to feel safe in their homes and the community. The localities in which we operate must remain safe, vibrant and pleasant places to live in. This is why preventing and effectively dealing with ASB is a key priority for B3Living.
2.2 We set out below the legal definition of ASB and what B3Living considers/not
considers ASB.
2.3 ASB – the legal definition
► The Crime and Disorder Act (1998) states ASB as ‘Acting in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons, not of the same household as the defendant’.
► The Crime and Policing Act 2014 defines ASB as ‘conduct that has or is
likely to cause harassment, alarm or distress to one or more persons not
of the same household, is capable of causing nuisance or annoyance to
a person in relation to that person’s occupation of residential premises or
is capable of causing housing-related nuisance or annoyance to any
person’.
2.4 B3Living ASB Definition
We recognise that ASB covers a wide range of unacceptable activity and it
occurs when someone’s behaviour, including a customer, a member of their
household, their visitors or their sub-tenant, adversely affects the quality of life
of those living on an estate, block or the local neighbourhood. ASB includes
include criminal activity, actual or threatened conduct that is likely to cause
alarm, harassment, nuisance or annoyance to people living or working on
and around our properties. We categorise ASB as:
► Personal threats: Incidents or actions that are deliberately targeted at
an individual or a specific household, resulting in distress, alarm,
harassment and victimisation. This includes:
► Hate crime - when someone commits an offence against
another person, a household or their property and the actions
are motivated by hate or prejudice based on the victims’ age,
disability, gender identity/transgender, sex, religion or belief,
race (including colour, ethnicity, nationality and national origin)
or sexual orientation.
► Domestic abuse – an incident or pattern of incidents of
controlling, coercive, threatening, degrading and violent
behaviour, including sexual violence, by a partner or ex-partner.
► ‘Racist incident’ - any incident which is perceived to be racist
by the victim or any other person.
► Abuse - Repeated abusive language or behaviour.
► Community nuisance: Incidents where an individual or a group causes
trouble, annoyance, inconvenience, offence or suffering to a group of
people living on an estate, block or a locality.
► Environmental: Incidents impacting on the physical environment on
estates, housing blocks and the locality and damage to B3Living.
3. Property, resulting in stopping people from peacefully enjoying their
homes and communal areas.
► Criminal: Conduct or behaviour that might fall under the above
categories as well as serious matters for which people can be arrested
and/or prosecuted, including public order offences, violence,
terrorism, arson, misuse of drugs, solvents and alcohol and other illegal
activity and crimes.
2.5 Actions which fall outside of B3Living’s definition of ASB
B3Living does not consider certain actions as ASB, as follows. The list below is
not exhaustive:
► Noise from children playing and dogs barking
► Parking disagreements
► Civil disputes such as boundary disputes
► One-off incidents of noise nuisance
► Actions from normal everyday activities or household noise such as
sounds from conversation heard through walls or floors, neighbours
walking around their home as part of the normal use of their home,
domestic activities such as vacuuming or using washing machines,
noise from people leaving their home early or returning home late at
night and other actions carried out in a reasonable and considerate
manner
► Reports of people ‘staring’ and complaints about cooking smells that
might be unpleasant but not serious or likely to cause harm.
► Reports relating to environmental issues that fall under B3Living’s
estate/neighbourhood management policies, such as untidy gardens,
fly-tipping, repairing cars on driveways, illegal parking and disrepair
► Multiple landlord/cross-tenure estates
B3Living will work with other social housing providers, private landlords and
home-owners on estates or neighbourhoods with multiple landlords to ensure
clarity about who will take a lead role in coordinating actions and sharing
information.
2.6 Anonymous, malicious and vexatious complaints about ASB
B3Living will record anonymous complaints and consider each incident as necessary as our enquiries and investigations may be limited. Where appropriate, we will pass the complaint to relevant statutory agencies.
Where an innocent customer is repeatedly subject to unfounded, exaggerated or
dishonest complaints by someone seeking to cause detriment to the customer,
B3Living reserves the right not to investigate malicious and vexatious ASB complaints.
B3Living may, in cases of repeated unfounded or malicious complaints, take action
against the person making these complaints.
2.7 Policy terms
We use the following terms in this policy and associated documents:
► Customers: B3Living tenants, homeowners (leaseholders and shared-owners)
and where appropriate, other service users, for example people who rent our
garages or receive support services from us and prospective customers.
► Vulnerable customers: A person is vulnerable or at risk if, as a result of their
situation or circumstances, they are unable to protect themselves from harm.
► Complainant/victim: The person who has complained about or suffered ASB.
► Perpetrator: We use this term to refer to the person who is being investigated
for or having caused ASB.
► Multi-agency partnership working: Different organisations pooling together
their resources, tools and powers to deal with ASB, support victims and deal
with perpetrators in a coordinated manner.
3.1 B3Living will take a holistic and robust, reasonable and proportionate approach to prevent and reduce instances of ASB. It is important to promote and protect the rights of individuals to have peaceful enjoyment of their homes and the surrounding areas. We aim to prevent ASB, take a victim-centred, multi-agency approach and use the range of tools and power available to us and our partners.
3.2 This policy is designed to achieve the following outcomes:
► Ensuring that B3Living has the capacity to deal with ASB.
► Proactively prevent incidents and reoccurrence of ASB.
► Intervene early and take a victim-centred and customer-focused approach to support and protect those affected by ASB.
► Work with partner agencies to provide a holistic and appropriate response to deal with ASB.
► Develop effective arrangements and remedies to help to change
perpetrator behaviour where possible in recognition that some perpetrators
might be vulnerable themselves
► Take action against perpetrators, including using legal powers available to us and other agencies.
3.3 We will deliver the following key objectives to implement this policy. Detailed
procedures support the delivery of this policy, provide more details and
guidance and help to monitor the effectiveness of our actions.
The objectives are:
3.4 Ensuring that B3Living has the capacity to deal with ASB
► Provide staff with the necessary knowledge and tools by:
• Including B3Living’s role and responsibilities for ASB in induction
training for new staff.
• Training frontline staff to take initial reports of ASB, enabling them
to give appropriate information to complainants and pass
accurate and relevant information to other teams who handle
detailed case management.
• Training housing management staff on this policy, procedures,
legal and other practices and effective case management.
► Having systematic and effective service delivery by:
• Developing effective processes to support strong case
management, including clear time frames for responding to ASB
reports by severity, targets for investigating and agreeing plan
of action and keeping all stakeholders informed of progress and
case closure.
• Setting clear performance targets and monitoring outcomes
• Collecting and analysing data to gain insights for hot-spots and
common problems and responding appropriately
• Having access to legal advice
• Seeking and acting on customer satisfaction measures with the ASB service
3.5 Proactively prevent incidents and reoccurrences of ASB
► Communicating our stance and approach to customers by:
• Communicating their responsibilities on ASB in our tenancy
agreements, leases and licenses.
• Including ASB information in tenancy and license packs for new
customers joining B3Living.
• Raising awareness of good citizenship through mutual respect,
consideration of the needs of others and a sense of civic pride
through customers participation activities.
• Recognising positive work done by individuals and communities
to prevent and combat ASB by publicising their contributions
and achievements.
• Publicising successes of this policy in customer newsletters and other media.
► Take opportunities to ‘Design out ASB’ whenever possible by:
• Considering options to reduce and prevent ASB when planning
new homes.
• Identifying situations where ASB could be reduced when
planning capital works, for example in communal areas.
• Using diversionary activities where there is evidence or risk of
ASB, for example during school holidays.
3.6 Intervene early and take a victim-centred and customer-focused approach
to support and protect those affected by ASB
► Encouraging customers to report ASB by:
• Providing a variety of methods for customers to report ASB.
• Accepting ASB reports from a variety of resources, including
family members, neighbours and other third parties.
• Creating a climate where customers feel comfortable in
reporting ASB and have the confidence that their concerns will
be dealt with speedily and appropriately.
• Providing access to translation and interpreting services and offering information in large print, Braille, audio and other formats where required.
► Adopting a risk-based approach to cases by:
• Taking seriously and recording all reported incidents
• Ensuring timely and systematic assessment of the seriousness of
all reported cases to help prioritise caseloads.
• Identifying levels of harm to victims, assessing vulnerabilities and identifying safeguarding issues.
► Protecting people by:
• Making arrangements to protect customers’ homes such as
completing emergency and urgent repairs and providing
additional security measures as appropriate.
• In extreme cases, where there is a significant risk of harm that
cannot be addressed by other interventions, consider rehousing
options in line with our lettings policies.
• Signposting complainants who are not our tenants to
appropriate authorities and agencies.
• Where possible and appropriate, working with stakeholders to
help them to take action against perpetrators who are not our
customers
► Protecting B3Living’s assets by:
• Protecting B3Living’s assets by carrying out emergency repairs such as removing offensive graffiti.
► Supporting victims by:
• Recording and investigating ASB complaints within agreed
timescales.
• Acting promptly to gather evidence in line with service
standards and procedures.
• Working with relevant statutory, community and voluntary
agencies.
• Explaining to complainants what action B3Living will take and
signposting them to other agencies for specialist support and
help.
• Where appropriate, we may use professional witnesses and investigators to help with case management.
► Speedily intervene by:
• Making prompt contact with the alleged perpetrator(s),
discussing issues and explaining B3Living’s stance on ASB and
supporting victims.
• Investigating informal resolutions to resolve issues and stop them from escalating, such as mediation and restorative meetings as a way to acknowledge and repair harm.
► Regularly communicating with victims and witnesses by:
• Agreeing on a plan of action and keeping everyone informed of
progress.
• Letting victims know in a timely manner where B3Living cannot
take action, for example, because the ASB has stopped and the
likelihood of further incidents is low, there is insufficient evidence
or that B3Living does not consider the issue to be ASB.
3.7 Work with partner agencies to provide a holistic and appropriate response to
deal with ASB
► Having effective working relationships with enforcement and other
agencies with:
• The local Police
• The Local Authority – in particular, departments dealing with
children, young people and families, safeguarding and early
help, education and environmental health.
• Broxbourne Community Safety Partnership that involves several
statutory and voluntary agencies to improve community safety
and public confidence in resolving ASB.
• Fire and Rescue Services.
• Probation Services.
► Where appropriate, discuss cases with statutory partners, Broxbourne
Community Safety Partnership and others to seek support for victims
and deal with perpetrators, in line with relevant Information Sharing
Protocols and in line with B3Living’s Data Protection and Confidentiality
arrangements.
3.6 Develop effective arrangements and remedies to help to change perpetrator
behaviour where possible in recognition that some perpetrators might be
vulnerable themselves
► Depending on the circumstances and factors such as age, disability,
vulnerability, etc of the perpetrator, we will support perpetrators to
change their behaviour by working with statutory agencies, parents,
carers, family members and others.
► Offering them support, providing them with an understanding of the
impact of their behaviour and explore diversionary activities.
3.7 Take action against perpetrators, including using legal powers available to us
and other agencies.
► Action we take against perpetrators will depend on the merits of the
case and the seriousness of the ASB. Action taken will range from
written warnings to more serious consequences such as tenancy
demotions, Acceptable Behaviour Agreements, Injunctions, Closure
Orders, Criminal Behaviour Orders and ultimately repossession of our
property.
► Where conciliation, mediation and working with other agencies has
not been successful we will consider the use of powers that we and other partners have.
We will apply this policy consistently, fairly and with professionalism. We do not
discriminate against any person on grounds of their age, disability, gender
reassignment/transgender, marriage or civil partnership, pregnancy or maternity,
race, religion or belief, sex, sexual orientation or any other matter that may cause a
person to be treated with injustice.
We will use plain language and make information available in different formats and
languages for staff and customers on request.
ASB monitoring systems will support B3Living to assess the impact of this policy on
diverse victims and perpetrators.
This policy will be operated in line with B3Living’s Data Protection and Confidentiality
Policy and relevant Data Sharing Protocols with partners. Where we do not have formal data sharing protocols with partners, we will operate
our own policy and procedures, and ensure that all data is stored and used appropriately.
We aim to provide excellent services but recognise that we do not always get things
right.
If customers are not satisfied with the way the procedures for implementing this
policy, they can make a complaint by contacting us so that we can discuss the
matter further and aim to resolve issues at an early stage. If the customer remains
dissatisfied, they could take up B3Living’s formal complaints procedures.
This policy complies with key legislation and the Consumer Standards published by
the Regulator of Social Housing. The specific requirements of the Neighbourhood
and Community Standards requires Registered Providers to work in partnership with
other agencies to prevent and tackle ASB in the neighbourhoods where they own
homes.
Registered Providers are required to demonstrate:
► That tenants are made aware of their responsibilities and rights in
relation to ASB
► Strong leadership, commitment and accountability on preventing and
tackling ASB that reflects a shared understanding of responsibilities with
other local agencies
► A strong focus exists on preventative measures tailored towards the
needs of tenants and their families
► Prompt, appropriate and decisive action is taken to deal with ASB
before it escalates, which focuses on resolving the problem having
regard to the full range of tools and legal powers available
► All tenants and residents can easily report ASB, are kept informed
about the status of their case where responsibility rests with the
organisation and are appropriately signposted where it does not
► Provision of support to victims and witnesses
Linked policies, procedures and guidance
► Lettings and Allocations Policy
► CCTV Policy
► Income Management Policy
► Safeguarding Policy
► Data Protection and Confidentiality Policy and procedures
► Equality and Diversity
► Data Protection and Confidentiality
► Complaints
All relevant employees have a responsibility to ensure that this policy is applied as
intended. The roles and responsibilities of individual officers are detailed in relevant
job roles. The overall responsibilities are with:
Policy approval – Leadership Team
Overview of performance – Leadership Team
Day to day operational responsibility – Housing Managers Day to day service delivery – Operational Staff
Performance monitoring
B3Living will record ASB incidents in line with the National Standards for Incident Reporting and share overall results with statutory agencies to support the gathering of insight into local and national levels. We will measure and monitor our performance for this policy by using the following indicators and report to the Board at least annually:
Summary of changes | When | Who? |
Policy re-write | 03/06/21 | Sophia Howells, Head of Housing |