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Anti-social Behaviour Procedure (ASB)

Contents 1.

Introduction

2. Related documents

3. Responsibilities 3.2 Anti-Social Behaviour Manager 3.3 Tenancy and Income Manager 3.4 Anti-Social Behaviour Officer 3.5 Tenancy Advisor 3.6 Other SBC staff

4. Receiving a report of ASB

5. Response to reports of ASB

6. Case management and investigation

6.2 Interview with person reporting ASB 6.3 Neighbour and community correspondence 6.4 Interviewing the alleged perpetrator 6.5 Actions following initial interviews

7. Risk Assessment

8. Vulnerable Residents

9. Support for victims and witnesses 9.2 Assessment of risk and support needs 9.3 Victim Support 9.4 Moving a victim

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9.5 Victim Charter 9.6 Professional Witnesses 9.7 Hearsay Evidence 9.8 Support during legal action

10. Enforcement

11. Anti-Social Behaviour involving children

12. Children and more serious nuisances/harassment

13. Rehabilitation of perpetrators and support for

vulnerable people

14. Case Closure

15. Prevention

16. Monitoring

17. Consultation

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1.0 INTRODUCTION

1.1 Stevenage is committed to ensuring that all residents enjoy their right to peace, quiet and security in and around their homes.

1.2 We recognise that anti-social behaviour is a priority issue for local people and can have a severe effect on the wellbeing of residents and that we have a duty to take action to minimise it through preventative measures; enforcement actions; and, support for victims, witnesses, and staff.

1.3 This procedure details how Stevenage staff will implement the approach outlined in our Anti-Social Behaviour (ASB) policy - see below.

2.0 RELATED DOCUMENTS

2.1 Related documents

2.1.1 Stevenage ASB policy - containing a list of related documents and relevant legislation.

2.1.2 ASB toolkit – contains templates of documents, letters, leaflets and referral forms for ASB

3.0 RESPONSIBILITIES

3.1.1 Stevenage has a dedicated ASB team that investigates all categories of ASB

3.1.2 The Anti-Social Behaviour Manager and Service Manager are responsible for the application of this procedure. These responsibilities are detailed below.

3.2 The Anti-Social Behaviour Manager (ASBM) is responsible for:

maintaining a strategic oversight of the operation of the ASB service provided by Stevenage;

tracking ASB cases, ensuring that ASB is fully investigated and monitoring action plans;

liaising with the Service Manager about case allocation and vulnerability issues;

ensuring all front-line staff dealing with anti-social behaviour receive appropriate training and support to enable them to manage the process of dealing with anti-social behaviour cases;

ensuring links/referral arrangements are in place with internal staff and external organisations;

authorising covert and overt operations ;

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approving recommendations to the Senior Officers Housing Needs Panel in ASB cases involving serious risks to the individual/community;

approving applications for legal action;

preparing reports and performance analysis for the Head of Housing Management to report to members and tenants and residents’ organisations;

evaluating the effectiveness of new initiatives and, identifying key priorities and issues for future planning.

3.3 The Tenancy and Income Managers(TIM) is responsible for:

liaising with ASB Manager about case allocation, progress of certain cases and vulnerability issues;

ensuring referrals for ASB are completed by the tenancy advisors, using the agreed templates

3.4 The Anti-Social Behaviour Officer (ASBO) is responsible for:

investigating ASB cases whether or not the perpetrators are known;

recording all actions on the case managements system ReAct

liaising with support services if tenant is flagged as vulnerable or referring for assessment if tenant appears vulnerable;

maintaining regular contact and keeping the tenant informed of progress with their case; and,

referring to and liaising with external agencies;

attendance at case meetings if alleged perpetrator or victim is vulnerable; and,

the assessment of vulnerability, risk and support needs of the person reporting and/or perpetrator.

3.6 Other Stevenage staff also have responsibilities in relation to the application of this procedure:

Home Ownership Officers: are responsible for: o Assisting in the investigation where perpetrator is found

by ASB/Tenancy to be a leaseholder or tenant of a leaseholder and completing a referral form and supporting documentation

o Taking action and notifying mortgage lenders if their security in the property is jeopardised i.e. if there is a breach of the lease through ASB that could lead to forfeiture. They will also be responsible for taking action

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leading to forfeiture if the ASB is not resolved.

Lettings Advisors: advising new tenant at sign-up about their rights and responsibilities as a Stevenage tenant and explaining the ASB section of the tenancy agreement to ensure that they understand what they are signing.

Tenancy Advisors: Referring cases of ASB to the ASB team, completing the referral forms and supporting documentation, attending professionals meetings when required and at the close of the case reading the case and signing the closure form

Customer Service Advisors: taking and recording reports of ASB and passing to tenancy if a new case, or directly ASB if an open case.

Caretaking and estate-based staff: reporting incidents of low-level ASB (e.g. vandalism and environmental) the estate services administrative team (for onward reporting) or directly to the ASB/Tenancy team. Such reports may be verbal or in writing depending on the circumstances.

Caretaking Team Leaders: arranging spot clearance and cleaning; liaising with Stevenage Council services (grounds maintenance, pest control etc.)

All other staff: reporting incidents to the ASB team by completing a referral form and supporting documentation when they become aware of nuisance their day-to-day work. This intelligence can be used by the ASB team to track patterns of behaviour in geographic areas and to develop preventative plans.

4.0 RECEIVING A REPORT OF ASB

4.1

We receive reports of ASB in a variety of ways:

face-to-face interview: home visit or office;

in writing: by letter, email or online report;

by telephone; or,

through a third party: friend, support service, Police, MP, Councillor etc.

4.2 For reports made or progressed through a third party, we usually require the resident’s permission to discuss the case with someone in their behalf.

4.3 Where a victim, witness or alleged perpetrator does not have English as their first language and is not confident to proceed without translation or an interpreter neither children nor other family members should be allowed to translate documents or interpret. An independent translator must be appointed.

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4.3.1 Reports of ASB can be taken by other members of staff, but must be recorded on the React (housing management system) by the ASB team.

4.4.1 The ASB manager operates a review system to determine whether a case should be classified as category A, B or C. The case is then passed to the Victim Champion to offer support

5.0 RESPONSE TO REPORTS OF ASB

5.1 Category A Category B and C

Investigated by ASB team Investigated by the ASB team

Includes allegations of:

Violence or threats of violence to residents, staff or others.

Drug dealing or other illegal activity.

Intimidation/harassment/hate crime.

Property damage.

Domestic Violence

Includes allegations of:

Noise nuisance: parties, shouting, TV or Hi-fi.

Children causing a nuisance in communal areas.

Environmental quality issues, graffiti, vandalism, and some dog related nuisance.

Youths congregating in communal areas

ASB Officer:

contacts victim within one working day;

Writes to the victim/witness to meet with them within three working days;

advises what action we can take within ten working days of the interview;

refers to appropriate agencies including support;

arranges repairs or security measures; where appropriate;

agrees frequency of contact (and in the manner they would prefer – telephone, face to face, email)

ensures interview with alleged perpetrator takes place;

aims to complete the investigation within 200 working days;

Interim satisfaction surveys are completed, review of the Action Plan and risk assessment

ASB Officer:

contacts victim within five working days;

Writes to the victim/witness to meet with them within seven working days;

advises what action we can take within fourteen working days of the interview;

refers to appropriate agencies including support;

agrees frequency of contact (and in the manner they would prefer – telephone, face to face email);

aims to complete the investigation within 100 working days;

Interim satisfaction surveys are completed, review of the Action Plan and risk assessment

updates case on React; and

meets with the victim/witness before submitting the case to manager for closure.

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updates case on React; and

meets with the victim/witness before submitting the case to manager for closure.

Completes a closure survey

Completes a closure survey

For all types of ASB we provide the victim/witness/person reporting with:

details of named assigned officer (notifying of changes within 15 working days);

an information leaflet (ASB Promise) explaining what you can expect from the team;

diary sheets - with completion guidance (where appropriate);

5.2 Where insufficient detail is known about a case to determine its priority, it should be registered as low level. , unless there is evidence of drug use or dealing in communal areas. A case may be reassessed if the circumstances change or more evidence comes to light.

5.3 We should, wherever practical, adjust our service to take into account the victim’s circumstances. For example instead of issuing diary sheets to a visually impaired person or one who has language or literacy issues, we may offer an audio recording device. If the person is currently being supported, we would usually offer to include their support provider in communications. Where no support is in place, we may refer the victim/witness to appropriate support, with their agreement.

5.4 Vulnerable people may under report anti-social behaviour due to:

past experience including perceived lack of support from authorities;

fear of reprisals; or,

the reporting process not being fully understood. We may need to exercise extra patience and support to enable a vulnerable person to make their report. We should consider whether there could be motivating factors, even if the victim does not specifically mention this. This includes checking if this is an isolated incident or part of a pattern of issues.

6.0 CASE MANAGEMENT AND INVESTIGATION

6.1.1 Following the initial assessment, all residents who report ASB are offered support by the Victim Champion and given the name of the ‘Investigating Officer’ dealing with their case.

6.1.2 The allocated investigating officer is responsible for conducting interviews preparing action plans, updating React with information relevant to the case, including diary sheets or any subsequent incident reports, and referring issues to partners – statutory services or support

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providers.

6.2 Interview with person reporting ASB

6.2.1 This is the opportunity, for the person alleging ASB, to describe in detail what problems they have faced and what action they have taken in resolving them. We take the opportunity to explain our role and how we handle investigations.

6.2.2 The first interview with the person reporting ASB is one of the key steps in the process. When interviewing the person reporting the ASB, our aim is to:

establish the facts as described by the person reporting;

find out what action has already been taken;

establish who the alleged perpetrator is, and whether there are any known witnesses;

discuss possible solutions;

discuss what further evidence may be required;

explain the importance of good record keeping – for example where the person may be recording incidents on diary sheets;

confirm what action the person reporting may be willing to take - mediation, witness in legal proceeding etc; and

agree an action plan together and carry out a risk assessment.

6.2.3 Persons reporting may be concerned that their report could lead to retaliation by the perpetrator. Any information given to us is treated in confidence. Information is only passed to the alleged perpetrator with the consent of the person reporting the ASB.

6.2.4 However, if the ASB reported was targeted at the person reporting it then it is not be possible to talk in general terms to the alleged perpetrator. The person reporting must be made aware: that to pursue the investigation the Investigating officer needs to make specific reference to them as a victim; of the potential consequences of this; and, agree to the Officer interviewing the alleged perpetrator.

6.2.5 If the person reporting does not agree to Investigating officer contacting the alleged perpetrator(s), the reasons for this are recorded and the consequences of this explained - it is unlikely that the ASB team will be able to rectify the situation without such contact. However, in very serious cases where the person reporting has a serious fear of reprisal, we would insist on involving partner agencies including the police.

6.2.6 At the end of the interview, an action plan should be agreed which seeks to resolve the problem at the earliest time possible to lessen the need for

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legal action and resolve the issues.

6.2.7 The Investigating officer will produce a full account of the interview, and enter this onto React, within 3 working days of the interview.

6.3 Neighbour and community correspondence

6.3.1 The person reporting ASB is asked to provide details of any other person affected by or likely to be affected by the ASB.

6.3.2 The Investigating Officer will write/contact or deliver a neighbourhood survey to those persons affected and the neighbours in the vicinity of the ASB, to establish the scale of the problem; This encourages others to come forward and make them aware of how and who to report incidents to. No details of the victim or alleged perpetrators will be supplied to ensure the case is not prejudiced.

6.3.2 If appropriate, the Investigating Officer arranges a visit or an interview and listen to neighbour/community views on the situation, offer support, give out incident diary sheets and note all details in response to the alleged problems

6.4 Interviewing the alleged perpetrator

6.4.1 Having interviewed the person reporting and carrying out some background checks with partners, on react and if applicable on the house file, the allegations should be addressed with the alleged perpetrator, then seek their response in detail. Depending on the nature of the report, it may be possible to discuss it without naming or making specific reference to the person(s) reporting, avoid the possibility of retaliation.

6.4.2 If the person reporting has requested anonymity, this must be respected. The alleged perpetrator is to be advised that we cannot tell them who the person reporting is due to our policy on confidentiality.

6.4.3 The interviewing officer should put the allegation(s) clearly, note the responses and question any discrepancies or counter allegations. If uncertain about what is being said the officer will continue asking questions until clear about the response.

6.4.4 Investigating Officers will approach the problem in a proactive way, seeking to resolve the problem as soon as possible to reduce the need for legal action.

6.4.5 At the end of the interview, wherever possible, an action plan should be agreed with the alleged perpetrator, and any consequences of their actions must be clearly identified e.g. contact with other agencies, mediation, action for breach of tenancy conditions, etc.

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6.4.6 Whatever the outcome of the interview, the Investigating Officer must produce a full written account of the interview. All notes and actions relating to this interview are to be entered onto React within five working days.

6.4.7 Where the alleged perpetrator does not make contact or attend the first meeting, as arranged, the Investigating Officer will arrange to contact them within two working days. A letter should be written giving notice of the time and date when they should be available to meet the investigating officer.

6.4.8 Where an alleged perpetrator does not respond to attempts to interview them and/or otherwise refuses to engage with the investigating officer further action must follow.

1. The investigating officer will check if there is any information which may suggest why the alleged perpetrator will not engage, for example, are they vulnerable in some way or are they away from home.

2. The investigating officer will present their findings to their line manager to agree the next actions. The date of the meeting and agreed actions are to be entered onto React within two working days.

3. Where there is no information which would justify non-engagement the operating assumption will be that the allegations are true and action appropriate to the allegation will be taken. The investigating officer will write to the alleged perpetrator informing them of the action that will take against them if they do not attend a meeting within seven days.

6.5 Actions following initial interviews

6.5.1 Throughout the investigation the investigating officer should be evaluating the case. However it is essential that having seen the person reporting and the alleged perpetrator, the investigating officer is able to make an assessment of the scale and severity of the problem. More importantly the officer should be deciding what can be done next. At this stage the options are:

investigate to obtain more evidence;

monitor the case;

involve other services and agencies;

take non-legal remedies; or,

take legal action.

close the case

6.5.2 The investigating officer will agree the actions to be taken from the last interview. Any actions should be relevant for both victims/witnesses and perpetrators, detailing what they, the investigating officer and other

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agencies (if appropriate) are going to do to help resolve the case. Any actions agreed should be clearly set out to the parties and noted on React.

6.5.3 The investigating officer updates each party involved in the case including the perpetrator(s) with the outcome of these interviews. At this point it the case may be closed, kept open for monitoring, referred to partner agencies e.g. Environmental Health, Police or Children Services.

6.5.4 Agreed actions should be reviewed regularly and updated to reflect targets achieved and new action points as circumstances develop.

7.0 RISK ASSESSMENT

7.1 Where there is a risk, either evidenced or perceived, the investigating officer interviews the person reporting the ASB, to conduct an assessment of risk, using the form provided. This includes:

recognizing the hazards;

identifying who is/could be at risk;

evaluating the risk: impact, probability, and what can be done to minimise or manage any risks; and

recording the findings and reviewing these regularly, and where circumstances change.

The risk assessment is reviewed during the case and at the closure stage by the ASB Case Officer.

7.2 It may be necessary to involve other services to manage or minimise risk – including Police, Victim Support, surveillance, or introducing additional security measures.

7.3 Harassment differs from ASB in that it is deliberate and targeted victimisation of groups or individuals (as opposed to inconsiderate action which is causing nuisance to others in the surrounding area). This can, for example, be on the grounds of race, religion, sexual orientation or a disability. If a Hate Crime is reported we will refer it to the Police with one working day

7.4 Domestic Abuse: Stevenage Borough Council in its domestic violence strategy uses a common definition of domestic abuse defined by the Government as ‘any incident of threatening behaviour, violence or abuse (psychological, physical, sexual, financial or emotional) between adults who are or have been intimate partners or family members, regardless of gender or sexuality’. This includes issues of concern to black and minority ethnic (BME) communities such as so called ‘honour killings’. If Domestic Abuse is reported we will liaise with partners such as the Harm Reduction Unit and the local Independent Domestic Abuse Advisors (IDVAS), we may also refer the case to the Stevenage Domestic Abuse Panel (SDAP). A SafeLives (CAADA) Risk Assessment is carried out.

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The case will be managed separately by the designated domestic abuse champion or case worker.

7.5 Victim centred approach: we have a ‘victim centred approach’ when dealing with reports of harassment, abuse or neglect. All cases are thoroughly investigated with appropriate enforcement action taken unless it becomes clear that the perpetrators action is not deliberate and targeted but a symptom of some underlying condition or vulnerability – please see below. The victim and witnesses will be offered support by the victim champion throughout the case

8.0 VULNERABLE RESIDENTS

8.1 Perpetrators: A chaotic lifestyle may result in tenancy breaches, some of which may manifest as ASB. In our investigation process we try to identify if an underlying vulnerability is contributing to the problem. We can use a range of support and enforcement actions, where appropriate, to tackle the ASB. In some cases the alleged perpetrator may have dependency issues, in these cases we will refer to our No More Drug and Alcohol project worker.

8.2 Victims: Those people with vulnerability may be particularly susceptible to becoming victims of harassment or abuse. When handling such cases we:

Record the victims perceptions as well as what actually happened.

Recognise different forms of harassment and abuse (including for example cyber-bullying, financial abuse, domestic violence) and check whether there are any potential motivating factors, even where these are not specifically stated by the victim.

Reassure the victim, explaining the investigation process and offering appropriate support, including professional witnesses if necessary.

Manage expectations (where there is sensitivity to behaviour that is perceived to be anti-social, but does not appear to be targeted, or is outside of our scope).

Share relevant information with partners, where appropriate (e.g. Police, Children services or Victim Support).

Try to identify if there are any patterns (including smaller incidents that happen regularly), rather than dealing with each incident in isolation.

8.3 Our ASB Enforcement toolkit contains copies of all documentation required to refer a case to the ASB team including the No More Project and Family Intervention:

referral Form;

supporting the victim;

action plan;

risk assessment;

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copies of letters the team may use during the case;

customer survey forms

neighbourhood surveys

9.0 SUPPORT FOR VICTIMS AND WITNESSES

9.1.1 Witnesses are crucial to tackling anti-social behaviour; whether they are direct victims of anti-social behaviour; or have witnessed anti-social behaviour directed against the community. They need to be supported during the whole length of the process; from the initial report to the case closure.

9.1.2 The evidence available from a witness of anti-social behaviour is of a higher quality than ‘hearsay’. Hearsay evidence is evidence given on behalf of some-one else.

9.1.3 Gaining the trust and confidence of witnesses is essential to keeping them engaged and is crucial at the first stage when a report is made. This is the point at which victims’ and witnesses’ expectations are set. It is imperative that the victim and witnesses are offered support and contacted on a regular basis for updates.

9.2 Assessment of risk and support needs

9.2.1 The support needs of persons reporting and any other witnesses or victims are imperative to the case the support must be what best meets their needs. Other services and agencies will be able to provide varying degrees of additional practical, specialist or emotional support and advice to persons reporting. We will only refer victims/witnesses with their approval and knowledge.

9.2.2 As part of this process if necessary the investigating officer will visit the home to inspect the security. The investigating officer considers: what the risks are; how these should be managed; and, the level and type of support that may be required. We may give out security items such as “life locks” and personal alarms

9.3 Victim Support

9.3.1 Successful action against perpetrators of ASB can usually only be undertaken when residents are willing to give witness evidence in Court. Persuading people to give evidence can be one of the greatest problems faced by officers as many residents refuse for fear of reprisals and intimidation.

9.3.2 Victim Support is an independent national charity working to help victims of crime. They can provide emotional and practical support to people who have suffered crimes ranging from burglary to physical assault.

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9.4 Moving a victim Senior Officer Housing Needs Panel (SOHNP)

9.4.1 For most victims/witnesses the option of a move is not possible. The focus of our approach is on stopping the behaviour wherever possible. This involves taking action against perpetrators and working to enable the victim to remain in their home.

9.4.2 However, In cases of serious harassment where there has been actual violence or threats of violence, and the victim is a tenant of Stevenage Borough Council, the investigating officer will explore the possibility of a move by presenting a report to the Senior Officers Housing Needs panel, for a decision on allowing the person to move to a “like for like” property in Stevenage. This will need to be supported by the police or other partner agency.

9.5 National Witness Mobility Service (NWMS) & Victims Charter

9.5.1 All social landlords and police forces can use this service where intimidated witnesses are offered the opportunity to relocate (quickly) away from homes where they are unsafe, to similar homes elsewhere. This scheme is available to intimidated witnesses who are:

the tenants of a social landlord; or are giving evidence for the landlord when they are taking action to evict a tenant for anti-social behaviour or other crimes.

the Victim Charter has been produced in association with residents of Stevenage and outlines what you can expect from the service

9.5.2 All referrals to the NWMS go through designated officers who are authorised and briefed on using the protocol. In the case of Stevenage, this would be a Tenancy & Income Manager or Anti-social Behaviour Manager. In the case of the Police this would be an Inspector or Sergeant.

9.6 Professional Witnesses

9.6.1 The term ‘Professional Witness’ has two different meanings: 1. a professional person carrying out their normal duty (e.g. Police

Officer, Investigating Officer) who can give evidence based on what they have been told by witnesses as ‘hearsay evidence’

2. a person who is not a victim but is specifically employed to gather evidence (usually gained by observation) to be given as ‘direct witness evidence’.

9.6.2 Professional person: There is an expectation that ‘officers’ will undertake this function as a matter of routine; however the primary witness should always be the real

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victims of ASB. Evidence from victims and witnesses is vital if a case is to be proven in Court as the impact is much greater, and more weight is usually be given to that piece of evidence

9.6.3 Person employed to gather evidence: The use of Professional Witnesses for ‘direct evidence’ may be undertaken by employing a professional company to carry out the surveillance in line with a detailed brief of the work required written in consultation with other services (particularly the Police), with regular follow-up meetings to review progress. The brief includes the requirement to follow the legal requirements within the Regulation of Investigatory Powers Act 2000 (RIPA). Confidentiality: only those who need to know about the ‘job’ should know. If a surveillance operation is uncovered, the perpetrator is likely stop causing the problem but witnesses/staff could be placed at risk. Close liaison with the Police is essential to ensure the surveillance:

does not conflict with any Police investigation;

ensures the safety of the investigation and the investigators; and

obtains a quick response by the Police to any information passed to them.

A contingency plan is drawn up in case the surveillance is ‘discovered’, covering support for any other potential witnesses and staff involved.

9.7 Hearsay Evidence

9.7.1 The more witnesses who are prepared to give evidence in Court the more likely a successful outcome against the perpetrator of ASB. However, many potential witnesses/victims are ‘lost’ as a result of concern about reprisals and intimidation, actual or feared. The Civil Evidence Act 1995 allows Investigating Officers to take action on behalf of tenants who are unwilling or too frightened to attend Court by giving first hand ‘hearsay’ evidence e.g. what they have been told by others. Notice must be given to the person charged of an intention to introduce hearsay evidence in proceedings.

9.8 Support during legal action

9.8.1 A wide range of actions can and are taken to support both victims and witnesses in the preparation for court action as well as during court proceedings, and, following the proceedings. All support will be offered by the victim champion

9.8.2 The Investigating Officer is responsible for ensuring that all necessary steps are taken to ensure that appropriate, individually tailored, support is given to each person throughout the whole process in order to maximise the chances of successful legal action.

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10.0 ENFORCEMENT

10.1 There are a variety of measures available to the Police, The ASB Team and other agencies to combat ASB. The circumstances of each incident or series of incidents of ASB are carefully considered before deciding the most appropriate course of action. Where appropriate, Stevenage Borough Council makes use of powers available to other agencies such as the National Child and Adolescent Mental Health Services (CAMHS) Support Service, Environmental Health, the Police, etc. Different measures or a combination of measures are considered at various stages of dealing with ASB. Some measures listed below are available directly to Stevenage while others have to be enforced by other agencies (e.g. the Police).

Contents

10.2 These measure may include enforcement measures or legal action:

1. Enforcement Measures

the issue of warning letters;

mediation;

restorative justice;

Acceptable Behaviour Contracts;

Acceptable Behaviour Agreement;

Civil Injunction;

Dispersal powers;

Criminal Behaviour Orders;

Parenting agreement/contract(s);

Community Trigger;

Noise Abatement Notice;

Penalty Notice;

Drinking Control Zones;

Community protection notice;

Action against leaseholders

possession proceedings to demote tenancies;

possession proceedings (inc. eviction);

forfeiture of leasehold property; Public spaces protection orders;

Closure Notices and Orders;

other Court based penalties; and

Absolute possession (Mandatory possession)

10.3 Community Harm Statements (CHS) helps to present evidence to the court in a clear and consistent way. They capture the impact of ASB on individuals as well as the wider community. The CHS:

sets the scene for the court by summarising the key features and

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evidence of the case, and will be the first thing the judge reads;

supports a balanced and proportionate approach, setting out the harm to individuals and the community as well as the perpetrator’s human rights;

demonstrates that Stevenage Borough Council is acting reasonably; and

encourages consistency and strong case management – streamlining cases and helping to make the evidence gathered more effective.

11 Anti-Social Behaviour involving children

11.1 Incidents of nuisance, anti-social behaviour and harassment involving children are now a more common occurrence. There is still the need to be impartial, to thoroughly investigate both sides of the issue and to obtain the necessary evidence to be able to prove ASB.

11.2 Experience shows that many reports concerning children and ASB begin as occasional or accidental incidents (a ball hitting a fence or window or playing of football on a green space) which turn into disputes and can, if these become a regular occurrence, develop into a form of harassment. This is especially so if the ‘victim’ reacts to the incident(s) in a way that may provoke the children to “do it on purpose” in retaliation. Lifestyle differences due to age also play a significant part, for example where there are young families living next to older or retired residents

11.3 Early action may prevent them escalating into more serious forms of anti-social behaviour or harassment. Direct mediation may work, depending on the age of the child but in most situations it is often best to arrange meeting(s) with the child and the child’s parent(s), and to use ‘shuttle diplomacy’ to try and resolve the dispute.

12 Children and more serious nuisances/harassment

12.1 It is not always possible to intervene at an early stage while they are still at dispute level and identifying the children involved can be a problem. Children may also not take any notice of what is said to them during the type of shuttle diplomacy described above. They may also feel that it is safe to return to their previous activities once the attention has moved elsewhere.

12.2 Where the conduct reported escalates to a more serious level, stronger action should be taken once the investigatory work has been completed. This can take the form of an Acceptable Behaviour Contract (ABC) or a meeting with the child and their parent(s). It should be noted these are voluntary methods and are not enforceable by law.

12.4 At any meeting with parents and children, the focus must be on the

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potential consequences if the child’s behaviour does not improve. This should include advice on what legal action could be taken against the child and their parent(s) or possession proceedings against the tenants

12.5 The child, parents and family may require support. This should be explored and contact made with appropriate support services such as Children Services, Education, the police and the Youth Offending Services. We should also offer diversionary activities and link into activities in the community

12.6 Other services may be able to add weight to what we are saying and either warn of, or take their own action. They may also be able to provide a support plan to try and encourage the child to use their time more productively.

12.7 The main points and agreed outcomes of any such meetings should be confirmed in writing to the child and their parent(s).

13.0 Rehabilitation of perpetrators and support for vulnerable people

13.1 When considering the most effective options for the protection of residents and the wider community, we consider the positive impact that support might have on perpetrators. The provision of support is particularly relevant when considering issues of ASB. As part of the investigation the investigating officer should take steps to ascertain circumstances that might directly or indirectly affect the behaviour of perpetrators and/or persons reporting. Factors could include:

drug use;

alcohol use;

mental health;

disability;

(un)employment;

debt; or,

health.

13.2 The majority of people who fall within these vulnerable groups are not necessarily just perpetrators of ASB, but may also be victims of ASB and or crime. If a resident’s behaviour is a result of one or any of the issues above, they may require long and short term support in maintaining their tenancy. The case may be referred to the No More Project, Family Intervention (In house projects) Thriving Families, CRI Spectrum, (drugs & alcohol support)

13.3 The investigating officer ensures that key professionals/agencies are involved at the earliest possible stage to prevent or manage issues as they arise.

13.4 The investigating officer considers what actions can be taken to achieve long-term changes in the behaviour of perpetrators and to prevent

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displacement of anti-social behaviour e.g. transfer of behaviour to another setting.

13.5 We work with other services and partner agencies to offer and provide support as well as access to diversionary projects.

14.0 Case Closure

14.1 We will close the case if we have:

not heard from the person reporting or there has been no ASB recorded for a one month period;

resolved the case, or;

concluded after investigation, that we are unable to help resolve a case of ASB or take the matter further. ( In this instance we would refer the case to a partner for assistance, this may include, schools, Environmental Health or the police)

14.2 The reasons why we are unable resolve a case of ASB or take the matter further may include, but are not limited to:

the dispute being between two neighbours who both claim to be victims of each others’ behaviour and there is insufficient evidence to prove either claim, or neither party can come to an agreement or a solution;

the dispute is due to a clash of lifestyles and the parties concerned will not agree to mediation or mediation has failed to resolve differences;

the dispute is due to personal, domestic issues between the parties;

the ASB cannot be proven;

the persons are unwilling to attend Court as witnesses to the ASB; or

the case consists of fear of ASB rather than factual evidence.(in this instance the victim will be offered further support)

14.3 When we close a case we will:

inform the person(s) who reported the ASB in writing or in any other agreed format;

explain fully the reasons for the case closure; and

give them advice on anything they could do next.

complete the final risk assessment and calculate the change in risk throughout the case

carry out a closure satisfaction survey with all parties including professionals by telephone, face to face, email or letter

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14.4 All information relating to the case and investigation will remain on file and on our computer systems for a minimum period of 6 years.

15.0 Prevention

15.1 While the investigation of allegations of ASB and the pursuit of remedies to resolve issues are key parts of our approach to dealing with ASB, there is also a third part – prevention. Preventing ASB is better than dealing with it after it has happened.

15.2 Stevenage Borough Council undertakes a range activities as a way of trying to prevent ASB including:

neighbourhood agreements;

local newsletters;

identifying activities for young people engagement;

‘Secure by Design’ or planned security measures; and

responsible dog ownership events.

diversionary activities including our allotment

residents meetings

16.0 MONITORING

16.1 Stevenage Borough Council recognises the importance of monitoring ASB and the services provided to tackle it. This assists us to:

evaluate the effectiveness of specific ASB initiatives;

identify key priorities and issues for future planning;

understand the nature of ASB and location of areas where it is prevalent; and

distinguish between different types of behaviour, which could be categorised as ASB.

16.2 The ASB Manager and resident inspectors review all cases on a monthly basis. They may decide that some cases require more frequent review e.g. weekly, because of the circumstances and severity of the case.

16.3 The ASB Manager prepares reports on the effectiveness of the overall ASB service provided by Stevenage Borough Council including performance analysis.

16.4 Statistical performance information relating to satisfaction is reported on and reviewed by the Tenancy Services Manager to ensure that cases are dealt with effectively and efficiently.

17.0 CONSULTATION

The ASB team consult with customers at the ASB forum on a quarterly basis and with the ASB resident inspectors monthly. Cases are reviewed

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and the levels of satisfaction are compared to data collected in previous years