Part of Fairhive's Tenancy Management Framework - Level 2 policy approval
1. Purpose and Scope
1.1. This Policy sets out Fairhive Homes Ltd’s approach to dealing with Harassment and Hate Crime.
1.2. We are committed to tackling Hate Crime and Harassment and have adopted a zero tolerance approach. We recognise the detrimental impact it has on residents, the community and staff.
1.3. The Policy aims to communicate to all residents, stakeholders and staff, our approach to:
- Identifying harassment, hate incidents or hate crimes.
- Responding to reports of harassment, hate incidents or hate crimes.
- Working to prevent incidents occurring across our neighbourhoods.
1.4. All instances of harassment and hate crime will be investigated following guidance set out in our Anti-Social Behaviour Policy and Procedure. This Policy forms part of our Customer Care Framework.
2. Definition
2.1. Equality Act 2010
The Equality Act 2010 has replaced previous anti-discrimination legislation and has introduced ‘protected characteristics’. For the purpose of this policy we will be completely inclusive in line with the Equality Act 2010.
2.2. Harassment
Harassment is defined in the Equality Act 2010 as ‘unwanted contact related to a relevant protected characteristic (or diversity strand) which has the purpose of effect of violating and individual’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for that individual’.
2.3. Hate Crime
The Association of Chief Police Officers (ACOP) has defined a hate incident as ‘any incident, which may or may not constitute a criminal offence, which is perceived by the victim or any other person as being motivated by prejudice or hate’.All hate crimes are hate incidents.However, some hate incidents may not constitute a criminal offence.
2.4. Mate Crime
‘Mate crime’ is defined as the exploitation, abuse or theft from any vulnerable person by those they consider to be their friends.Those that commit such abuse or theft are known as ‘fake friends’.It is regarded as a form of disability hate crime or age hate crime but can also resemble cases of domestic abuse or violence.
2.5. Most (although not all) anti-social behaviour (ASB) is random and untargeted affecting people who happen to live in, or be in, a particular area. Hate incidents are targeted and victims are singled out because they are different in some way. This gives rise to a second distinction, which is the danger of repeat incidents. Once identified as being different, victims are more likely to experience further attacks and, even if they avoid this, many will live in fear of being targeted again. Hate incidents, whether or not they are crimes, are a form of ASB, but the distinct nature and seriousness of these incidents is recognised in this Policy.
3. Policy Statement
3.1. We will encourage our residents, customers and staff to report all incidents of harassment and hate crime by widely publicising this Policy. We will make sure the Policy is available on demand.
3.2. We will adopt a zero tolerance approach to hate crime and harassment caused by, or implicating, our customers, staff or contractors and we will investigate all complaints ensuring the victim is at the centre of our approach.
3.3. We will offer support and advice to victims and witnesses of harassment, hate incidents or crimes. We will take into consideration whether or not the victim or witness wishes to proceed with the case and offer appropriate support to them in all circumstances.
3.4. We will accept reports of hate crime and harassment received through our contact centre, offices, key partners and via our staff. We accept reports through all forms of communication, such as telephone, email, letter and online report forms.
3.5. We will deal with all cases of hate crime and harassment in accordance with our Equality and Diversity, Safeguarding and Anti-Social Behaviour Policies.
3.6. We will adhere to and follow our Potential Violent Persons Procedure when staff or contractors are subject to hate crime and harassment.
3.7. Consideration will be given to the use of a range of enforcement tools, dependant on the type of issues presented including but not limited to civil injunctions, possessions action and the use of mandatory grounds as set out in the Housing Act 1985, as amended, and the Anti-Social Behaviour, Crime and Policing Act 2014, Acceptable Behaviour Contracts and mediation.
3.8. We will record, monitor and evaluate hate crime and harassment reports and actions and take into consideration customer feedback in order to improve and develop the service.
3.9. In conjunction with our partner agencies, including the Police where appropriate, we will take prompt action against residents who we have grounds to believe are harassing or committing hate incidents or crimes against another person(s) living within the vicinity of their address or visiting their address. This includes acts of harassment to and by our staff and contractors.
3.10. We will offer support and assistance to perpetrators of hate incidents where it is identified they are vulnerable and need support; referrals will be made with perpetrators consent to specialist agencies depending on their needs.
3.11. If harassment or hate crime is perpetrated by a member of staff or a contractor, it will be considered a breach of our relevant Code of Conduct. Any complaint about unfair treatment of residents will be investigated promptly and in accordance with our procedures and/or contract management agreements.
3.12. We will share information with partner services in accordance with GDPR provisions, and comply with prevailing best practice guidance relating to information sharing, including signing up to Information Sharing Protocols with key partners where it is appropriate for us to do so.
4. Monitoring and Outcomes
4.1. The Housing Services Manager is responsible for monitoring this Policy and reporting outcomes.
4.2. All incidents of harassment, hate incidents or crimes will be recorded as such on our housing management system.
4.3. The Housing Services Manager and ASB Case Managers will, on an annual basis, provide a report to the Operations Directorate Management Team on the delivery of its anti-social behaviour service; this review will incorporate feedback on harassment and hate crime activities.
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 program 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 -
This Policy was initially developed in consultation with our Residents’ Forum, Thames Valley Police, The Hate Crime Network, Bucks Council, Senior Management Group and the Executive Management Team. This version of it is broadly the same as the original, and as such, no further consultation has taken place.
The Neighbourhood Services Team, in particular, the Housing Services Manager, Neighbourhood Team Leaders and the ASB Case Managers are responsible for the implementation and review of this Policy.
ASB Case Managers will work with other agencies to ensure that the actions outlined in the Policy are consistently taken to resolve harassment, hate incidents or crimes.
Regular training of staff, case reviews and audits will be undertaken by the Housing Services Manager.
Equality, Diversity & Inclusion -
We will ensure that in delivering our services we continue to be inclusive and representative. This will be achieved through our Equality and Diversity Policy. This Policy has been subject to an Equality Impact Assessment to ensure equitable service provision.
Value for Money -
Our primary objective within this Policy is to effectively support victims of harassment and hate crime whilst maintaining a strong commitment to achieving value for money.
We will, through the implementation of our Anti-Social Behaviour Procedure, link with key partners to ensure all cases are managed effectively and efficiently.
Data Protection -
All due care is taken to protect data held by us and in particular, we ensure we keep all residents data secure and meet with data protection requirements.
Accountability -
We are committed to operating in a way that is transparent and fair. The Residents’ Forum were consulted during the initial development of this Policy.
Quality -
We look to ensure that our residents are safe in their homes by supporting the prevision 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.
10. Related legislation and other documents
Domestic Abuse Policy.
Allocations Policy.
Equality and Diversity Policy.
Data Protection Policy.
Tenure Policy.
Safeguarding Adults, Children and Young People Policy.
Anti-Social Behaviour Policy.
Customer Care Framework
Equality Act 2010
Housing Act 1985, 1988. 1996 & 2004
Data Protection Act 2018 & 2003
Human Rights Act 1988
Anti-Social Behaviour, Crime and Policing Act 2014
| Author | Mark Frayne-Johnson |
|---|---|
| Job title | Housing Services Manager |
| Date approved | April 2023 |
| Review Due Date | April 2026 |
