Anti social behaviour (ASB)

Anti-social behaviour unit

Plymouth anti-social behaviour Unit was set up in 2001 in response to a growing city-wide problem with anti-social behaviour. Predominantly dealing with ASB cases on council housing estates, but with the remit of tackling anti-social behaviour in all tenure types. Cases are referred to the unit from Housing Officers, other departments within Plymouth City Council, housing associations, the Police and registered social landlords.

The aim of the unit is to drive forward solutions for tackling anti-social behaviour issues, strive to engage with individuals to modify behaviour within a multi-agency, problem solving context and to work in partnership with other agencies.

The role of the Plymouth anti-social behaviour unit is to investigate cases of anti-social behaviour in partnership with Housing Officers, Devon and Cornwall Police, registered social landlords, tenants and residents associations, environmental services, youth services and other partners to ensure that anti-social behaviour is dealt with swiftly and effectively utilising both legal and non-legal solutions.

What is anti-social behaviour?

Anyone can be a victim of anti-social behaviour or suffer from the effects of it.

Anti-social behaviour has been described ‘anything that interferes with the peaceful enjoyment of the home and surrounding area’.

s.1(1)(a) of the Crime and Disorder Act defines anti-social behaviour as behaving “in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself.”

Anti-social behaviour covers a wide spectrum of activities from minor neighbour disputes arising out of difference in lifestyle, to serious criminal behaviour often in the form of harassment.

The council uses the description of anti-social behaviour used in the Housing Act 1996 (as amended by the Anti-Social Behaviour Act 2003) as behaviour which is:

• capable of causing nuisance or annoyance to any person and directly or indirectly relates to or affects the housing management functions of a relevant landlord
• consists of or involves using or threatening to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose.

Relevant landlord in this case is Plymouth City Council and can include (not exhaustive list):

• verbal abuse towards anyone, including towards members and employees of the council, their agents or contractors
• using or threatening to use violence towards anyone
• domestic dispute domestic violence
• racial or homophobic abuse in any form whatsoever towards anyone
• banging slamming doors
• noise relating to loud music, noisy parties drug or alcohol abuse
• drug dealing
• dumping rubbish
• dog fouling or other dog nuisance
• abandoned vehicles
• graffiti
• using the property for illegal purposes damaging or compromising the security of communal doors

The nuisance and anti-social behaviour part of the tenancy agreement gives further details.

Legislation

There have been significant new legislative powers introduced that have impacted on the way landlords deal with anti-social behaviour.

• The Crime and Disorder Act 1998 - this gave local authorities and the police significant new powers for dealing with persistent nuisance, harassment and criminal behaviour. The Act also places a duty of local authorities to work in partnership with the police and other key agencies to develop a strategy for reducing crime and disorder.
• The Police Reform Act 2002 - introduced new provisions and powers for dealing with anti-social behaviour. As of 1 April 2003 Anti-Social Behaviour Orders can be heard in County Courts and are to be extended across any defined area within, or indeed, the whole of England and Wales.
• The Anti-Social Behaviour Act 2003 - gave Police, local authorities and landlords the ability to demote secure tenancies, close crack houses and disperse groups of people. The Act also allows Local Education Authorities to give Fixed Penalty Notices to parents who allow their children to truant.
• The Housing Act 2004 (Part Six) - allows local authorities and landlords to extend introductory tenancies for a further six months and to withhold consent for mutual exchanges for secure tenants. Right to Buys can also be suspended and Registered Social Landlords are now relevant authorities for disclosure purposes.

Anti-social behaviour process

Stage one

• Step one - single agency response - from either the Police or the Housing Officer
• Step two - joint agency response - Police and Housing Officer working together to signpost the individuals concerned to the Youth Offending Team, Children's Services, Education Welfare, Harbour Drug Services etc
• Step three - multi agency meeting - this is an opportunity for those agencies which are involved to share information and work together to tackle the anti-social behaviour, any vulnerabilities arising. and seek to engage individuals and families to stop poor behaviour by addressing unmet support needs
• Step four - referral to the anti-social behaviour unit

Stage two

• Anti-social behaviour unit for robust legal enforcement

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