Anti-Social Behaviour

4.1 Definition: Anti-social behaviour is defined by Section 2(1) of the Anti-social Behaviour, Crime and Policing Act 2014 as:

4.1.1 Conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, - (Police use)

4.1.2 Conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises or conduct capable of causing housing-related nuisance or annoyance to any person. (Housing related definition)

4.2 Where the ASB is housing related or linked to a residential property, the definition is any behaviour capable of causing or likely to cause a nuisance or annoyance.

4.3 This definition prescribes the legal threshold that must be met in injunction applications and, in possession proceedings, the discretionary grounds for possession define ASB as:

4.4 Where the customer or person visiting the property:

4.4.1 Has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality.

4.4.2 Has been guilty of conduct causing or likely to cause a nuisance or annoyance to the landlord of the dwelling-house or a person employed (whether or not by the landlord) in connection with the exercise of the landlord’s housing management functions, and that is directly or indirectly related to or affects other functions.

4.4.3 Has been convicted of using the dwelling-house or allowing it to be used for immoral or illegal purposes, or an indictable offence committed in, or in the locality of, the dwelling-house.

4.5 The Anti-social Behaviour Crime and Policing Act 2014 introduced absolute
grounds (7a assured tenancies and 84a secure tenancies) for possession of a customer’s home. We will consider using the absolute ground for possession along with the other actions and enforcement powers available to us, where we assess that it is appropriate and proportionate, ensuring that we comply with the pre-action protocols for possession cases.

5 | Harassment

5.1 Definition: Harassment points to words or behaviour that threatens, intimidates, or demeans a person, including when done via social media. It is
characterised by its unlikelihood in terms of social and moral reasonableness. It can be treated as a threat if it involves unlawful violence, like assault or battery or stalking, or a credible threat of violence and behaviour causing or intended to cause alarm or distress. The violence or threat must seriously scare, annoy, or harass someone without there being any valid reason for it. These are generally criminal offences and are the responsibility of the Police.

5.2 Where appropriate to do so, we will take tenancy enforcement actions against a perpetrator, as a result of evidence obtained by the Police or upon conviction

5.3 Racial harassment is where harassment is perpetrated against an individual or a group of people because of their race, skin colour, or ethnic or national origins when the victim believes that the perpetrator was acting on racial grounds
and/or there is evidence of racism.

5.4 Although these are generally criminal offences that are the responsibility of the Police, B3Living will take tenancy enforcement action against a perpetrator, as a result of evidence obtained by the Police, or upon conviction.

6 | Hate Crime

6.1 The police and the Crown Prosecution Service (CPS) have adopted the following central definition of hate crime: ‘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 disability or perceived disability; race or perceived race; or religion or perceived religion; or sexual orientation or perceived sexual orientation or
transgender identity or perceived transgender identity’.

6.2 Where a customer is convicted of hate crime, B3Living would consider further actions, such as tenancy enforcement.

7 | Domestic Abuse

7.1 There is a separate policy for domestic abuse, but we know that some reports of noise nuisance, disturbances and or anti-social behaviour could be an indicator of potential domestic abuse, or safeguarding (e.g. complaints about noisy
arguments between members of a household).

7.2 Under the Anti-Social Behaviour, Crime and Policing Act 2014, it is a criminal offence to force someone to marry. At B3Living, we have a zero tolerance approach to forced marriages.

8 | What is not treated as ASB

8.1 Although distressing for those involved, neighbourhood disputes do not necessarily constitute harassment or anti-social behaviour. They are mostly
based on disagreements rather than civil or criminal offences, and often involve arguments around ball games, disputes over boundary issues, actions which
amount to people being unpleasant (e.g. staring at; ignoring people, etc.), parking, a one-off noise and other neighbourhood issues are not generally
considered to be ASB.

8.2 We recognise that people will have different lifestyles and, therefore, every-day living situations, not intended to cause nuisance or annoyance will not generally be regarded as ASB. These include issues such as (not an exhaustive list): babies crying; children playing; a one-off party/celebration, or barbecue; household noise due to every-day living (e.g. proportionate TV, music / radio noise, or noise
from electrical items such as washing machines, vacuum cleaners and DIY during reasonable hours as defined by local authorities); cooking odours and
reasonable household smells; smoking in one’s home; minor one’s car maintenance; personal differences; boundaries disputes; parking, etc. are
common problems and not anti-social behaviour, unless being used as a form of harassment or intimidation.

8.3 Although these are some examples of behaviour, we do not generally consider to be ASB, we know that sometimes low level and repeated incidents treated in isolation, which may not appear serious or even as ASB, may be having a serious impact on the victim’s life.

8.4 Therefore, for low level reports of ASB, if the behaviour is persistent, deliberate and is found to be having a harmful impact on a person or they are potentially at risk, then we would investigate the matter as ASB in accordance with this policy.

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.

9.1 Although, we recognise that different forms of ASB – e.g. noise nuisance – can be an indicator of domestic abuse and we will not neglect it when reported to us and will be part of our investigations.

9.2 Subsequently, at B3Living, tackling ASB is taken seriously and we work toward striking the right balance between prevention, intervention and enforcement actions.

9.3 When working with victims, witnesses and alleged perpetrators of anti-social behaviour, our approach will be supportive, but this does not mean that we will not challenge the evidence provided to us. In order to establish facts, in any case, relevant questions would be asked.

9.4 This policy relates to customers in all tenures (general needs, supported and sheltered accommodations, licensees, leaseholders, shared-owners, etc.) living in homes owned or managed by B3Living. Where necessary, legal action would be
taken under the terms of the tenancy agreement, lease, licence and other relevant legislation at our disposal.

9.5 We will take legal actions where and when required, using tools and powers available to us, where and when we believe that they can bring effective remedy. We also recognise that it will not always be for us to lead, and other agencies and
customers share this responsibility.

9.6 Customers are expected to report issues to the Police when they relate to criminal activity, and we will expect the latter to take action where they have sufficient evidence.

9.7 We acknowledge the significance of collaborating with other agencies, such as the Police and local authorities, and we support their law enforcement efforts. Additionally, when appropriate, we will use the evidence provided by these agencies, along with any evidence we gather, to undertake further enforcement actions.

9.8 Acknowledging the detrimental impact that anti-social behaviour (ASB) can have on customers, neighbourhoods, and communities, we believe it is crucial for victims, witnesses, and others to be clearly informed about the situations in which we can intervene, the tools and powers at our disposal, and the range of sanctions available to us. We will not create unrealistic expectations about our ability to act where we cannot, or where the primary responsibility and authority lie with another entity.

9.9 We accept that everyone has the right to their chosen lifestyle, providing that this does not breach the terms and conditions of any tenancy agreement or lease and/or negatively affect other people’s quality of life. This necessitates a degree of tolerance of, and respect for the requirements and needs of other people. We will always promote this to customers when responding to their concerns.

9.10 Show leadership, accountability and commitment in working in partnership with
other agencies, in order to clearly effectuate our respective responsibilities and give a clear message to everyone that we take ASB seriously.

9.11 Continuously train staff so that they can be equipped with appropriate knowledge and confidence to identify and investigate reports of ASB, and work
collaboratively alongside other agencies.

9.12 Clearly explain to all new customers, at sign-ups and welcome visits, the terms of their tenancy that relate to ASB and causing nuisance, so that expectations and consequences are clear.

9.13 Advise to customers to try to amicably resolve disagreements and disputes by talking to each other and reach a solution based upon mutual understanding. Where it is not possible to come to a resolution, we could suggest mediation when we believe that it could assist in resolving the issue.

9.14 When investigating reports of ASB, take a victim-centred approach, but questions
will be asked to help us better understand the case, to better deal with it.

9.15 Log all reports of ASB on our system for an effective and efficient case management where appropriate, make referrals to statutory bodies and other partners and monitor the outcome.

9.16 Sensitively deal with victims and witnesses, while keeping a high standard of confidentiality.

9.17 Report incidents to the police on behalf of vulnerable victims, or support such victims in doing so, where they feel intimidated to report incidents themselves and where we have the victim’s agreement to do so.

9.18 Establish strong local partnerships working approach to address ASB through a range of diversionary activities or enforcement actions and to share experience and expertise. This may include jointly working with the Police, local authorities
and participation in local Multi-Agency Risk Assessment Conferences and ASB
Reviews.

9.19 Have in place, with our partners, formal information sharing protocols and partnership agreements that comply with the Data Protection Act 2018 to allow us to respond quickly to ASB.

9.20 Ensure that we look at a spectrum of interventions (e.g. acceptable behaviour contract, tenancy support, warning letters, etc.) to deter or prevent ASB and where appropriate, take legal action by way of injunctions and/or possession
proceedings, using mandatory grounds where applicable.

9.21 Encourage and/or work with customers and other stakeholders to develop and maintain inclusive and sustainable communities and successful neighbourhoods. We will work with those groups to help support community initiatives that prevent ASB and diversionary activities.

9.22 Provide advice and support to victims and witnesses of ASB.

9.23 As part of our investigation into possible tenancy breaches, consider the use of professional witnesses, where and when needed, and we will make referrals to Victim Support and other relevant support agencies.

9.24 Work with the view that individuals have the right to their chosen lifestyle, providing that it does not negatively affect the quality of life of others.

9.25 We will publicise the outcome of ASB legal actions to reassure communities and confirm our commitment to taking ASB seriously and deter others from doing the same.

9.26 Take action to evict a perpetrator where it is reasonable and proportionate to do so and the evidence is sufficient and robust enough for a successful possession action.

We will categorise ASB complaints in the following order

10.1 Category 1 - Criminal behaviour

10.1.1 This category relates to criminal activities and contact will be made with the complainant within 24 hours of receiving the report.

10.1.2 Whilst we recognise that tackling crime is a Police matter, we will work collaboratively with them, as partners, to tackle criminal activities in and around our estates. We will take tenancy
enforcement actions, work with victims and, where required, make relevant referrals to support agencies, while the Police investigate the criminal behaviour and bring charges against the perpetrator.

10.1.3 Generally, we will not lead on resolving crime incidents, but in some serious cases, when appropriate to do so, we will look into the possibility of taking our own legal action, such as an Ex-Parte
(without notice) injunction application.

10.2 Category 2 - Noise nuisance

10.2.1 Cases of noise nuisance will be investigated within 5 working days when our threshold is met.

10.2.2 However, we will first encourage customers to try and resolve issues relating to noise nuisance between themselves and they will also be advised to report excessive noise to their local authority’s
environmental health team. We will work in partnership with local authorities (environmental health team).

10.2.3 Recognising that local authorities have statutory powers to tackle noise nuisance – with the service of abatement notices on those responsible – we will work in partnership with them and support
their actions.

10.3 Category 3 (other forms of ASB)

10.3.1 We will investigate other cases of ASB within 5 working days when our threshold is met.

B3Living will not conduct a full investigation into every report of ASB, especially with it is a one-off event, but we would expect customers to try and resolve the problem themselves first by speaking to each other.

11.2 Where the ASB requires something to be removed, such as discarded drugs paraphernalia or dumped rubbish in communal areas, we will remove the items but will not investigate the problem unless the threshold is met.

11.3 The thresholds for categories 2 (noise) and 3 (other ASB) are:

11.3.1 Three separate incidents reported in the last 7 days by the same person or a member of the same household
11.3.2 Five separate incidents reported in the past 28 days by the same
person or member of the same household
11.3.3 Two separate incidents reported in the past 28 days by two or more
people from different households.
11.3.4 No threshold will apply if we consider the complainant to be
particularly vulnerable and that we have a duty of care (e.g. supported living accommodations).

11.4 We reserve the right to not investigate a case, even when the threshold is met, where we have evidence that the complainant is being preposterous, vexatious or vindictive. In such instances, the complainant will be informed that no further
action will be taken, with regard to that specific report/complaint and they will be provided with an explanation.

11.5 We may also use our discretion to act before a threshold is met for:

11.6 Serious one-off events where the incident has been investigated by the Police or
environmental health and they ask us to get involved where they feel it would help and we concur with their assessment.11.7 At a time of our choosing, based on local intelligence (e.g. if several customers make isolated complaints about the same household over a period of time).

11.8 Categories 2 and 3 reports will be recorded to establish the frequency, severity and duration of the problem. Once it is clear that the problem is persistent and the thresholds are met, we will start our investigation within 5 working days.

11.9 We will remove racist and other offensive graffiti within 24 hours (weekdays) of
receiving the report.

11.10 Further details on each category are set out in our ASB procedures.

11.11 Whenever an ASB report/complaint is received, it would be dealt with through
this policy and not complaint policy

12.1 When a customer contacts B3Living to report anti-social behaviour, the Neighbourhood Advisor will open a case and investigate in accordance with the
ASB policy and process. If the customer believes the investigation was inadequate or are not satisfied with the outcome of a case, they can request a
review.

12.2 The Anti-Social Behaviour, Crime and Policing Act 2014 introduced the ASB case review, as a new measure designed to give victims and communities the right to require action is taken where they believe that an ongoing problem has not been
addressed. The process is designed to make sure that agencies work together to try and resolve issues relating to ASB. A B3Living customer can request for an independent review of their case, at any time, by contacting the local authority where they live.

12.3 Where a customer believes that B3Living has not done enough and they are not satisfied with the outcome, they then have the right to request a case review where a local threshold is met. This threshold is set by the relevant local
authority.

12.4 B3Living customers who are dissatisfied with the handling of their ASB case, can also request a further investigation by B3 Living’s Resolution Leads in accordance with B3Living’s complaints policy .

13.1 When addressing anti-social behaviour (ASB) issues, we are committed to ensuring that all parties involved are treated fairly and with respect. Our
approach includes the following key principles:
► Inclusive Participation: All individuals involved in an ASB matter will be given the opportunity to present their side of the story. This process begins with the complainant, followed by other witnesses, and finally the alleged perpetrator. We believe that every voice deserves to be heard.

► Impartiality: Decisions will not be influenced by the identity, position, or status of the person reporting the issue. Our commitment to equality means that we treat all parties equally, regardless of their background or circumstances.

► Thorough Investigation: We will conduct a comprehensive and unbiased investigation into each ASB matter. This includes gathering evidence from all
relevant sources and considering all perspectives before reaching a conclusion.

► Respect and Dignity: Throughout the process, we will ensure that all parties are treated with respect and dignity. We recognise the importance of maintaining a supportive and respectful environment for everyone involved.

► Transparency: We will communicate clearly and openly with all parties about the procedures, tools, and powers we can use to address ASB. This includes
setting realistic expectations about what actions we can and cannot take.

► Support for Victims and Witnesses: We will provide appropriate support to victims and witnesses of ASB, ensuring they feel safe and supported throughout the process.

► Continuous Improvement: We will regularly review and update our policies and procedures to ensure they reflect best practices in equality, diversity, and
inclusion. This includes seeking feedback from all parties involved in ASB matters to improve our approach.

14.1 It can be tempting, when trying to resolve ASB, to reveal personal information about the other party, as a way of showing that we are dealing with the issue, or to help the resident understand why something has happened. When discussing
ASB cases with complainants, witnesses and perpetrators, staff members should be mindful of confidentiality and data protection.

14.2 The ASB procedure gives clear guidance on the type of information that we may have and whether it can be shared.

15.1 It is important for us to have a robust policy and procedure – in line with relevant legislations – to deal with anti-social behaviour. The interpretation of key
legislations is not given to all and, for that reason, this policy will not be submitted and is not open to customer voice.