ANTI-SOCIAL BEHAVIOUR

About This Guide

This guide is produced by Waterloo Housing Association and was written in consultation with Waterloo Residents Association, which has helped review our policy on anti-social behaviour.

• What is anti-social behaviour and how can it be tackled?
• How can you solve your problemsby yourself or with your neighbours?
• How will Waterloo respond to complaints of anti-social behaviour?
• Where can you go for more information or help?

Our Commitment

• We will take reports of anti-social behaviour seriously
• We will act at an early stage to help resolve any problems
• We will take action against those responsible for anti-social behaviour

What is Anti-Social Behaviour?

Anti-social behaviour is any behaviour that is likely to cause harassment, alarm or distress.

If a serious crime is involved the police are likely to be the first people you call. But many other activities can cause problems to others.

Anti-social behaviour includes a range of problems - noisy neighbours, loud music, abandoned cars, problems from animals, verbal abuse, vandalism, graffiti, litter, and nuisance from young people. It can create an environment in which crime can take hold and it can wreck people's every day lives.

If the behaviour of others in your neighbourhood is bad enough for you to feel alarmed or distressed, then we may be able to help you resolve the problem.

LESS SERIOUS CASES

Taking The First Step Yourself

If the problem is not too serious it is often better for you to talk to the people involved. For these minor problems Waterloo would not expect to get involved until you have talked to the person concerned. Involving Waterloo at an early stage can turn a minor problem into a major dispute.

For Example:

• Ball games where no damage is involved
• Small children playing
• Minor lifestyle disputes such as door slamming or parking problems.

Try talking to your neighbours and consider approaching the person causing the problem together. They may not understand who their behaviour is affecting you. If you approach them in a polite and courteous manner you may find you can work out a friendly solution.

If the problem is serious, or you feel in any way threatened, then you should contact your housing officer. If a serious crime is involved then you should of course contact the police.

Reporting Anti-Social Behaviour To Waterloo

If the problem is serious, or if you cannot work out a solution with your neighbours, you can complain to Waterloo. What we can do will depend on how serious the problem is.

Our aim is to get the person causing the nuisance to change their behaviour. Sometimes the person causing a nuisance may need help and support to change their behaviour and we can work with other agencies to achieve this. If the nuisance continues we can take legal action, but this will always be a last resort.

This Is What You Should Do

• Contact your area office and let your Senior Housing Office know about the problem

This Is What We Will Do

• The housing officer will decide how serious the issue is and whether the complaint is a reasonable one. We will respond to your first complaint within five days.
• The housing officer may interview you and others to investigate the complaint. We may also contact the police, environmental health officers, or other agencies.
• We will ensure that support is provided to those reporting the incidents of anti-social behaviour.
• We will keep you informed of any action we take.

Dealing With Less Serious Cases

In the majority of cases the level of anti-social behaviour is minor. The best approach is often to monitor the situation and only take further action if the problem continues.

Less Serious Cases of Anti-Social Behaviour

• Noise
• Pets
• Children
• Untidy gardens
• Verbal abuse
• Damage to property
• Nuisance from vehicles
• Boundary disputes
• Nuisance from businesses<
• Rubbish and misuse of communal areas

On most occasions discussions with the person causing the problem will lead to an improvement. Sometimes we may offer mediation to help deal with lifestyle or personality differences where we cannot be sure who is at fault. This involves using an independent person to help you and the other person to come to an agreement on how to behave in the future.

We will work with you and your neighbours to resolve the problem in a way that will help you live together peacefully. However, we do understand that these minor problems can be very upsetting. If the problem cannot be resolved in this way, we will consider taking further action to stop the nuisance.

MORE SERIOUS CASES

Dealing With More Serious Cases

Where there is a serious case of anti-social behaviour, Waterloo will take swift legal action.

Serious cases of anti-social behaviour will include:

• Violent or criminal behaviour
• Intimidation
• Drug Dealing
• Racial Harassment
• Domestic Violence

We will also consider legal action to tackle less serious problems if all other approaches have failed to stop a nuisance and there is little likelihood of the behaviour improving.

In all cases we can only take legal action if there is enough evidence to prove to a court of law that a nuisance is being caused.

Taking Further Action

Waterloo can take legal action against people causing a nuisance. But we have to recognise that the nuisance is usually caused to the neighbours and not Waterloo itself.

This means we need to work with you to prove to a court that you have suffered nuisance. You will be asked to keep a detailed diary of the times and dates of any nuisance. These records are essential if we are to prove a case in court.

We will support you and make your safety our top priority if we need you to act as a witness in a court case.

Information and reports from you will be kept confidential wherever possible although this cannot always be guaranteed.

What We Can Do

Acceptable Behaviour Contracts (ABC's)

An ABC is a written agreement not to act in a specific manner. It is made between a person, Waterloo Housing Association, the Police, or other agencies. It does not mean that someone is guilty of a crime, but if the contract is broken then it can be used is court as evidence in legal proceedings.

Antisocial Behaviour Orders (ASBO's)

A court can instruct someone to stop behaving in an antisocial manner and can exclude that person from a specific area or location for a minimum of two years. Breaching an ASBO is a criminal offence and will be dealt with by the courts, which can fine or imprison the person concerned.

Injunctions

An injunction is an order of the court that requires a person to do something or stops them from doing something. Injunctions are normally used when there has been violence or threats of violence. A breach of an injunction is a contempt of court and can lead to a fine or prison sentence.

Demoted Tenancies

The court may decide to 'demote' a tenancy where there is antisocial behaviour. This means changing the tenancy to an assured shorthold tenancy for 12 months. This type of tenancy makes it easier for Waterloo to evict the tenant if they continue to behave badly. The tenant will also loose some of their rights.

Possession

If Waterloo can prove a breach of a tenancy condition, we may apply for possession of the perpetrator's home. Removing someone from their home needs a court's decision. The courts will only take this decision as a last resort so it is something we will ask for only when all other measures have failed. If a criminal act has been committed and action is being taken by the police we may be able to use this information to prove a breach of tenancy conditions.

A STEP BY STEP GUIDE

• If you are concerned about antisocial behaviour, ask your housing officer for advice
• If the problem is minor, approach the person causing the problem and try to work out a solution together
• If the problem is serious, or you feel threatened, report it to your housing officer
• If a serious crime is involved, report it to the police
• If you are suffering from racial harassment or domestic violence report it to Waterloo immediately. We will respond to your complaint within 1 working day.
• If you cannot resolve the problem yourself you can complain to Waterloo. We will deal with your complaint within 5 working days
• If we consider your complaint is reasonable we will use a range of measures to try to improve the situation
• We cannot always resolve the problems between neighbours. Sometimes we need both sides to work together to find a solution that is acceptable to everyone
• If these measures fail to stop antisocial behaviour we will consider taking legal action. We will always take legal action if the behaviour involves violent or criminal behaviour.
• You will probably have to keep a detailed diary of events for us to present as evidence to a court. The courts will only consider acting if we can provide evidence of antisocial behaviour
• We will work with you and offer you support if we need you to provide evidence for a court case

Where else can you go for help?

Waterloo can help deal with antisocial behaviour, but there are other organisations who may have greater powers to tackle some types of behaviour.

Police - The police are responsible for dealing with criminal activity, antisocial behaviour, dangerous dogs and racial harassment.

Local Government - Your local council is responsible for dealing with nuisance dogs, noise pollution, pest control, planning offences and children who are not under parental control. Ask your local office for the numbers of these services in your area.