LANDLORD SERVICES

BLACKPOOL BOROUGH COUNCIL

ANTI-SOCIAL BEHAVIOUR STRATEGY

INTRODUCTION

This Anti-social Behaviour Strategy has been introduced to include provision for the changes to legislation around Anti-Social Behaviour, and in particular the Crime and Disorder Act 1998 and the Anti-Social Behaviour Act 2003.

The main objective of this strategy is to show how Landlord Services will act on complaints of Anti-Social Behaviour, whilst at the same time linking in to the Aims and Objectives of the Corporate Anti-Social Behaviour Strategy 2004-2007.

DEFINITION OF ANTI-SOCIAL BEHAVIOUR

For the purpose of this strategy the definition of Anti-Social Behaviour is consistent with that used in the Crime and Disorder Act 1998 and is as follows:

“behaviour which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household as the perpetrator”

AIMS OF THE STRATEGY

  1. To provide an efficient, pro-active problem solving approach to complaints of Anti-Social Behaviour.
  1. To link in with the 3 main themes of the Council’s Corporate Anti-Social Behaviour Strategy:

Prevention to address the causes of anti-social behaviour and also making it harder for offenders to commit anti-social behaviour, so improving the environment and empowering residents to work together to reduce anti-social behaviour.

Enforcement to use the Council’s enforcement powers throughout all Council Services when other options have not deterred anti-social behaviour. This can be done by addressing problems such as noise, fly tipping, grafitti and parental responsibilities.

Co-ordination to ensure that we are working well as a Council and with our partners to provide a clear and consistent response to the problem.

  1. To make sure that the actions within this strategy are developed to support the three corporate goals of Blackpool Borough Council:

The New Blackpool seeking to deliver a change in the Blackpool ‘product’ and to ensure the provision of a quality, attractive, multi-purpose and all year resort.

Quality Services involving a commitment to improving service provision and recognising the need to make all services more accessible.

Community Involvement seeking to consult, engage and inform all sections of the community, and increasing the capacity of the local community to influence policies.

OBJECTIVES OF THE STRATEGY

This strategy seeks to:

  1. Work to prevent or deter the incidence of anti-social behaviour
  1. Address the causes of anti-social behaviour and manage the consequences
  1. Take appropriate action against the perpetrators of anti-social behaviour and communicate a ‘no acceptance’ message
  1. Support witnesses and victims of anti-social behaviour
  1. Work together with our partners both internal and external to ensure the best possible outcome
FOCUS OF THE STRATEGY

Landlord Services recognises that in order to achieve the objectives of the strategy it will need to work in partnership with the community as a whole. This includes tenants and residents, and many internal and external organisations including Social Services, Environmental Health, Education, Police and the Fire Service. We need to use a wide range of support agencies to sustain tenancies and help to resolve problems of anti-social behaviour.

PRACTICAL APPLICATION

We understand that there is no simple solution to the problem of anti-social behaviour. This strategy therefore includes a range of options, which can be used individually or together, to achieve the best outcome.

Landlord Services would, wherever possible, like to see resolution through agreement. The issue may be between two individual neighbours, or between a group of several people, for example on the same street. Landlord Services are party to any such agreement, with the main objective being to use a problem solving approach and only use legal action as the last resort, if this is the option that offers the most appropriate course of action.

Factors which will determine which course of action to take in each individual case is critical to the practical application of this strategy. Some of the factors that will influence this decision are listed below:

The wishes and views of the victims/witnesses

The substantiated complaints

The seriousness of the issues

Risk assessment – is the perpetrator a serious offender?

The Council’s policies, procedures and aims/objectives

The circumstances of the perpetrator

The likelihood of the course of action chosen proving successful

MULTI-AGENCY WORKING

Multi-agency working is an essential and integral part of any anti-social behaviour strategy. Working with other agencies can not only strengthen relations with the local community but it can also help to achieve key objectives and help to achieve an holistic approach to problem solving. These agencies include the Police, Fire Service, Social Services, Education, Youth Offending Team, Homeless Action Team, Community Mental Health Team, Voluntary Organisations, Partners, Private Landlords, Resident Associations, HomeStart, SureStart, and other Support Agencies.

These agencies can provide additional information and evidence, and their powers can be used to help solve problems/issues involved.

Anti-Social Behaviour Meetings are held by each team on a bi-monthly basis to show a problem-solving multi-agency approach to issues of anti-social behaviour. Relevant agencies are invited and the group is briefed on each individual case and then problem solving ideas are minuted in order to try and resolve the case. Objectives are agreed and relevant courses of action are decided for each case. An example might be joint visits with Housing and the Police to interview the perpetrator at their home, and make them aware of the courses of action that may ensue if their behaviour continues.

LEGISLATIVE POWERS

The Anti-Social Behaviour Act 2003 gives more powers to Councils and its partners to deal with such behaviour. The eight main areas involved in these changes are as follows:

Premises where drugs are used unlawfully

Housing

Parental Responsibilities

Dispersal of Groups

Firearms

The environment

Public Order and Trespass

High Hedges

Other Powers

More detail about the relevant sections of the ASB Act 2003 are featured in Appendix 1.

AVAILABLE OPTIONS

It is essential that each report of anti-social behaviour is treated individually. No two cases are ever the same. Detailed below are options available when dealing with a report of anti-social behaviour.

  1. Informal action

The first course of action would be for the relevant Housing Officer to resolve the problem informally. This may involve a telephone call or a visit, or perhaps an interview at the Housing Office to establish the facts and resolve the problem without taking any formal action.

This approach is not always possible, and a risk assessment should always be carried out before visiting an alleged perpetrator at their home.

An informal and low key approach is often seen as the best way of early intervention, as if it can be resolved early on there is a better chance that the two parties may get on in the future, and avoids either party adopting an entrenched position.

If this approach fails, or this action was not appropriate due to the seriousness of the case, other options would have to be considered to determine how an appropriate resolution will be reached.

  1. Enforcement of tenancy agreement

If informal action is not appropriate, or did not work, the next stage would be to notify the perpetrator that they have breached their tenancy agreement. This would involve a letter being sent to the perpetrator detailing their breach of tenancy and informing them that any future breaches of tenancy may result in legal action being taken against them. In order to pursue a substantiated complaint of anti-social behaviour good quality evidence is essential. This may take the form of data obtained from the Police, or video/photographic evidence from the complainant or victim. The documentation of incidents as witnessed is an integral part when building up a case, and complainants should be advised that this will need to be continued through the case. Only in very exceptional circumstances may a professional witness be used.

Housing staff may enlist the help of both internal and external agencies when building case information up. Liason with Community Beat Managers is essential throughout the process.

Legal action against a perpetrator should only be investigated when no other course of action has worked, or is appropriate, and if there have been sustained and very serious breaches of the tenancy agreement, for example violence, threats of violence, racial harassment, other forms of harassment or damage to Council property.

  1. Introductory Tenancies

Introductory Tenancies last for a period of 12 months, and every tenant that is offered a property within Blackpool Borough Council is subject to one for the initial twelve months of their tenancy. A leaflet is included in their sign-up pack which details the reasons for this, and possible action in the event that the tenancy agreement is breached. If the tenancy agreement is breached within this period and the case is taken to Court, the Judge must grant mandatory possession of the property.

4.Environmental Health Involvement

Where there is noise nuisance Environmental Health can agree to install sound monitoring equipment in or near to the complainant’s property, to record the levels of sound emanating from the problem area. The Environmental Health Section ask that log sheets are filled in detailing the ongoing problems prior to installation to ensure that the complaint is serious enough to be taken on by Landlord Services.

Other issues that Environmental Health can deal with include smells and unhealthy conditions.

Abatement Notices can be served which can be used in possession proceedings as evidence.

The new Out of Hours Noise Service operates on Friday and Saturday nights until 3am to enable complainants witnessing noise nuisance to report it. An Environmental Health Officer will visit the property with a view to compiling evidence to help with action being taken by Landlord Services or to help with a noise Abatement Notice.

The introduction of the NEAT team (Neighbourhood Environmental Action Team) has dramatically decreased levels of arson in the inner wards. Working in conjunction with our Fire Safety Officers from Lancashire Fire & Rescue they have been able to remove items of furniture or property within 24 hours that have been discarded in areas where they may be subject to arson.

  1. Lancashire Fire & Rescue Service

Along with the introduction of the NEAT team, the appointment of Fire Safety Officers working within the inner wards has had a dramatic effect on partnership working. Fire Safety Officers are working with the local Housing Offices to identify hot spots and problems areas. Where juvenile nuisance prevails, arson is not normally far behind. These areas have been targeted and intensive resident consultation has taken place, for example in Park Ward where bin store areas are being regenerated to decrease levels of arson in the area. Incidents of arson have dramatically reduced in Park Ward due to these initiatives.

  1. Police Involvement

Each area of Blackpool has one or more Community Beat Managers that liase with the relevant Housing Office when incidents occur. This relationship with the Police has built up over the last few years and now helps to provide a pro-active, multi-agency approach to nuisance. The Community Beat Managers attend the ASB Meetings at their relevant Housing Office, offering information on each case, and helping provide a problem solving approach to each individual case.

The Community Beat Manager liases with the Housing Officer and the Landlord Services Anti-Social Behaviour Officer in the more involved cases, and if necessary, and legal action is being pursued, will complete a witness statement and attend Court to give Police evidence.

PACT Meetings have also been set up, led by the Police. PACT Panels are set up to include members of the local community, Police, Councillors, local leaders and members of the local housing organisations, and at each monthly meeting three separate issues are discussed and targeted over the period until the following meeting where any actions are discussed, and the panel are updated on the issues.

  1. Acceptable Behaviour Contracts (ABC’s)

Acceptable Behaviour Contracts play an integral part in any complaint of nuisance. The aim is to sign the perpetrator up to the Agreement, explaining that although it is not legally binding, if it is adhered then it may avoid any further action being taken for breach of tenancy.

The ABC Contract has to be written up and agreed to, and then signed by the perpetrator. ABC’s can be taken out on anyone 10 years or older. Also present should be any other agency, which knows of the problems, for example the Police, Education, Social Services.

  1. Anti-Social Behaviour Orders (ASBO’S)

Anti-Social Behaviour Orders were introduced in the Crime and Disorder Act 1998, and came into force in April 1999. They are aimed at tackling persistent offenders and can be used in a range of situations, for example juvenile nuisance, harassment, and violent behaviour.

ASBO’s can be applied for by either the Police or Housing Authorities and can last for a minimum of two years. Once papers have been prepared an application is made to the Courts who make the final decision. See Appendix 1 for further information on Anti-Social Behaviour Orders.

  1. Demoted Tenancies

Under the new ASB Act 2003, demoted tenancies have been introduced as an alternative to possession proceedings. It sends a strong message to the tenant that anti-social behaviour will not be tolerated. The tenant’s position then becomes vulnerable for a period of one year. Demotion also provides the tenant with one last chance to rectify their behaviour, and it is thought of as another tool in controlling a tenant’s behaviour rather than seeking outright possession of their home.

  1. Mediation

Mediation is a tool used to negotiate between two or more parties. Low level neighbour disputes can sometimes be resolved by using mediation. It involves sitting together in a neutral environment and then each party is given a certain amount of time to air their views and opinions on the problems. The outcomes are then documented and all parties sign to say they will adhere to the conditions. A solution is not always reached, however an agreement is always made.

At present any cases needing mediation are directed to the Housing Officers who, along with other relevant agencies will conduct the mediation. If the case is particularly sensitive an external mediator can be brought in to chair the meeting. Several members of Landlord Services are trained mediators.

  1. Injunctions

Under the ASB Act 2003 Landlords have more powers to use injunctions effectively. Where as before in order for the Judge to grant an injunction there had to be the use or threatened use of violence and a significant risk of harm, there now only needs to be one of the two under the ASB Act 2003. Please refer to Appendix 1 for more information on the injunctions under the ASB Act 2003.

  1. Leaseholders/Right to Buy/Owner Occupiers

When a tenant or resident buys a council property they are bound to terms and conditions stated in the lease/deed of transfer respectively. Although at present there are no clauses in the lease/deed of transfer to state that nuisance and annoyance will not be tolerated, injunctions can be sought if appropriate on anyone committing acts of anti-social behaviour that materially affects the management of the Landlord’s stock. We work together with residents to build a sustainable community and to target prolific perpetrators.

  1. Tenant Participation

As part of our ongoing commitment to actively encourage customer involvement, our Tenant Participation section is dedicated in assisting tenants in sharing our decision making process. The section helps set up and continually support community groups throughout the Borough, and provide every opportunity for individual tenants and local groups to get involved.

The section have written a tenant compact, developed in partnership with customers and is reviewed annually. Funding and support for training is provided and for those who do not wish to have a direct input a bi-annual newsletter “Viewpoint” to keep in touch with what’s happening in their local community.

  1. Sheltered Accommodation

Landlord Services Housing Stock amounts to a total of 5530 properties (as of 24th September 2004). Out of these, 806 are sheltered properties, being let to disabled or older persons. The majority of these properties are arranged around a day centre where tenants of similar ages can meet and socialise. All sheltered sites have hard wired emergency systems. This means that the intercommunication/alarm system between the sheltered flats and the Control Centre and/or site warden is wired into each flat and is accessed through a series of emergency pull cords within the flat.