Part of Fairhive's Tenancy Management Framework Level 2 policy approval
1. Purpose and Scope
1.1. The purpose of this Policy is to outline the principles for managing and addressing Anti-Social Behaviour (ASB). It provides a framework which will enable staff to work positively with customers and external agencies to effectively address ASB.
1.2. Fairhive Homes Ltd are committed to tackling ASB. We believe that everyone has a right to live in a safe environment that allows them to enjoy their home and community. We recognise the impact that ASB, including harassment, hate crime and other hate incidents, may have on our resident’s lives.
1.3. Our service aims to provide an inclusive, supportive, victim-centred and non-judgemental approach, demonstrating sensitivity at all times.
1.4. This Policy sets out what we expect from our residents and what they can expect from us in terms of protecting their right to peaceful enjoyment of their homes and their community.
2. Definition
2.1. We will adopt the definition of ASB provided by the Anti-Social Behaviour Crime and Policing Act 2014, as follows:
- Conduct that has caused, or is likely to cause harassment, alarm or distress to any person.
- 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.
2.2. However, we recognise that this is a very wide definition and there are certain acts or omissions that will not be considered as ASB under this Policy. These are generally issues where it would be unreasonable for us in our capacity as Landlord, to be expected to address, including, but not limited to:
- Inconsiderate parking.
- Cooking smells.
- Reasonable living noises, such as children playing, children crying, washing machines, dishwashers and other similar household appliances, going up and down the stairs, doors and drawers being shut, loud talking or laughing.
- Wheelie bin placement.
- Overgrown gardens, hedges and trees.
- Boundary disputes.
- Noise from routine DIY jobs being undertaken at a reasonable hour.
3. Policy Statement
3.1. We will:
- Seek to limit the escalation of minor ASB and neighbour disputes, by encouraging the parties involved to discuss the matter between themselves and engaging in the Mediation Process.
- Aim to focus on sustainment of tenancies by balancing prevention initiatives and enforcement actions whilst ensuring that the victims of ASB are at the centre of our approach.
- Investigate all reports where the matter constitutes ASB against or caused by our residents in line with our ASB Procedure. However, we reserve the right to decline to investigate reports of ASB where the complainant is vexatious or the complaint is clearly malicious.
- Remove any offensive graffiti on our properties/land within 24 hours.
- Accept reports of ASB received through our Contact Centre, by email to the ASB Team email address, from key partners and via our staff.
- Provide relevant training to our staff to give them the support and confidence to deliver the ASB service effectively.
- Deal with all cases of ASB in accordance with our ASB Procedure, Equality and Diversity and Safeguarding Policies.
- Provide support and advice to victims and witnesses engaging with and making referrals to external agencies where appropriate.
- Adhere to and follow our separate Domestic Abuse and Cannabis Procedures where these reports are outside the scope of our ASB Procedure.
- Adhere to and follow our Potential Violent Persons Procedure when staff or contractors are subject to ASB.
- Attempt to resolve ASB through prevention, early intervention, working with our customers and in partnership with other agencies. We will pursue fair, reasonable and proportionate enforcement actions to effectively tackle ASB.
- Where appropriate, agree information sharing protocols with external agencies to enable us to prevent or resolve ASB issues or where individuals are at risk or there is a safeguarding concern in line with GDPR legislation.
- Adhere to the relevant Local Authority’s policy on the Community Trigger, a process by which victims of repeat anti-social behaviour who feel that no one is dealing with the problems that they are experiencing can request that their case is reviewed.
- Record, monitor and evaluate ASB reports and actions and take into consideration customer feedback in order to improve and develop the service.
- Emphasis at sign-up and New Tenant Visits, the expected behaviours of residents and the relevant tenancy clauses in relation to ASB.
- Encouraging self-resolution in all appropriate cases.
- Seek to regain possession of a property, where all other interventions have failed to resolve the issue and/or it is a severe case of ASB where eviction is proportionate and reasonable to achieve a legitimate aim.
4. Outcomes and Monitoring
4.1. Regular monitoring of ASB service performance will be conducted by the Housing Services Manager. Our ASB Customer Commitments will be reported to the Executive Leadership Team and our Board.
4.2. We will, on a monthly and annual basis, gather and submit the following information to Housemark:
- Number of new ASB cases reported.
4.3. We will, on a monthly basis at random, undertake satisfaction surveys, seeking the views of customers who have used the service. Our surveys will be carried out by an independent body. Feedback received by way of these surveys will be used to shape future ASB services.
4.4. In addition, on an annual basis, the Housing Services Manager will provide a report for the Directorate Management Team. A wide range of indicators will be collected and reported on, most notably:
- Number of cases per 1,000 homes.
- Percentage of cases successfully resolved.
- Percentage of cases not resolved.
- ASB case types.
- Percentage of tenants satisfied with the way their case was handled.
- Percentage of tenants satisfied with the outcome of their complaint.
- Cost of service provision.
5. Period of Review
5.1. We will review this policy when a business need arises and in line with the relevant Policy Framework. Our review programme is driven by service improvement initiatives, changes in legislation, regulation, practice or as a result of feedback from key stakeholders. Typically we review policies on a three year cycle.
6. Impacts
Resident/Staff Implications -
Any major changes to this Policy will be reviewed with the Resident’s Forum.
The Housing Services Manager is responsible for the implementation and monitoring of this Policy.
Regular training of staff, case reviews, performance monitoring and reporting will be carried out by the Housing Services Manager, Neighbourhood Team Leader and Lead Anti-Social Behaviour Case Manager.
Equality, Diversity & Inclusion -
We will ensure that in delivering our services we continue to be inclusive and representative. We will ensure that this is achieved through the delivery of our Equality and Diversity Policy.
We will ensure that the Policy is widely available at our office and on our website. The Policy can be made available in large print, braille, on audio tape on request. Translations into other languages will be available.
Value for Money -
Addressing ASB through efficient administration and partnership working will ensure cases are dealt with efficiently and effectively and the service delivers value for money.
One of the Policy’s key aims is to act swiftly and decisively when ASB is reported. This swift action ensures that victims receive a consistent service.
Data Protection -
All due care is taken to protect data held by us and in particular, we ensure we keep all resident data secure and meet with data protection requirements.
Accountability -
A group from the Resident’s Forum was involved in the creation of this Policy, however they have not been involved in the most recent changes to this policy due to the lack of substantial changes.
Quality -
We look to ensure that our residents are safe in their homes by supporting the provision of well-maintained homes which are in line with legislative and regulatory requirements.
When things go wrong -
Residents can communicate concerns through our formal channels.
7. Related legislation and other documents:
Housing Act 1988
Crime and Disorder Act 1998
Human Rights Act 1998
Data Protection Act 2018
Freedom of Information Act 2000
Eqaulity Act 2010
ASB Crime and Policing Act 2014
The Charter for social housing residents: Social Housing White Paper 2020
Domestic Abuse Policy
Hate Crime and Harassment Policy
Equality and Diversity Policy
Safeguarding Policy
Author | Mark Frayne Johnson |
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Job title | Housing Services Manager |
Date approved | April 2023 |
Review Due Date | April 2026 |