LFSA POLICY AND PROCEDURE GUIDE 
ANTI-SOCIAL BEHAVIOUR

STATEMENT OF INTENT:
LFSA supports the right of each local resident to the quiet and peaceful enjoyment of their home and neighbourhood.

LFSA defines anti-social behaviour as:
“Behaviour that unreasonably interferes with residents’ rights to use and enjoy their home and neighbourhood”
Anti-social behaviour may include such problems as those detailed below when they affect our residents, their families, friends and visitors. This list is not exhaustive:

•	Recurring noise
•	Nuisance
•	Vandalism, graffiti and other criminal damage
•	Vehicle obstructions and abandonment
•	Sale and abuse of drugs & alcohol
•	Violence (including domestic violence)
•	Racism
•	Homophobia
•	Faith hate
•	Criminal activity
•	Rubbish & litter

1	LFSA accepts a responsibility to its residents to take all accounts of nuisance
and anti-social behaviour seriously and to investigate them promptly and impartially. 

2	LFSA is committed to working with residents and local community groups when dealing with nuisance and anti-social behaviour. We aim to develop
 partnerships with key agencies, such as the police and local authorities, to help combat anti-social behaviour. These will be of key importance where the anti
social behaviour is being committed by people who are not LFSA tenants.

3	LFSA will be honest with those reporting anti-social behaviour about possible action we can take in relation to the problem, the likelihood of that action being
successful, the length of time it may take to resolve and what action, if any, needs to be taken by those reporting anti-social behaviour to enable LFSA and other
agencies to act effectively.

4	In reality it may be very difficult for the Association to resolve a neighbour dispute,
as there may not always be a breach of the tenancy agreement. LFSA will be objective, look at the facts and encourage residents to try and resolve the problem
themselves.
5	LFSA will look at security standards, sensitive lettings, supporting vulnerable residents, working in partnership with other agencies and actively supporting local groups seeking to reduce anti-social behaviour.
6	LFSA will draw on a range of options in order to resolve a problem, including mediation (especially in cases of neighbour disputes), Acceptable Behaviour Contracts (ABC's), Anti-Social Behaviour Orders (ASBO's), possession proceedings and demotion orders.
7	LFSA will monitor all cases of nuisance and anti-social behaviour and report progress in dealing with them to the appropriate Committee and keep the complainants and those alleged to be causing nuisance informed of the progress being made.

PROCEDURES FOR DEALING WITH ANTI-SOCIAL BEHAVIOUR

1	COMPLAINTS OF ANTI-SOCIAL BEHAVIOUR

1.1	Any LFSA tenant has the right to make a complaint about anti-social behaviour if it affects the quiet and peaceful enjoyment of their home and neighbourhood.

1.2	Prior to being investigated, complaints should be put in writing. Written complaints can be made on LFSA's complaints form or in a letter or in a statement signed by the complainant.

1.3	If the initial complaint is not in writing, our housing manager will ask the complainant to confirm details in writing or by e-mail or to attend an interview where s/he can sign a statement to confirm the details.

2	CATEGORISING A COMPLAINT
2.1	An initial assessment must be made of the level of seriousness of the complaint as:

Category A:  Serious Nuisance.          Behaviour including threats of or actual violence against people; drug dealing; criminal damage; intimidation or harassment on any grounds, including but not restricted to race, sexual orientation, religious belief or disability.
Initial response required within 24 hours.

Category B:  Moderate Nuisance.         Behaviour including loud and frequent parties; regular and loud noise particularly late at night; regular and frequent noise from vehicles, aggressive or dangerous driving on private estate roads, verbal abuse.
Initial response required within 3 working days

Category C:  Low-level Nuisance.          Behaviour including ball games in the street, youths congregating; non-offensive graffiti; neighbour disputes

Initial response required within 7 working days
Repeated offences falling into Categories B and C will sometimes lead to them being transferred into a more serious category.
3	INITIAL RESPONSE TO A COMPLAINT

3.1	LFSA's initial response to a complaint may be a discussion with the complainant or confirmation of the next step. This may involve arranging a formal interview at the office or in the tenant's home, or a telephone conversation may be adequate.

3.2	The initial response may be to advise that:
•	LFSA has categorised the level of the complaint
•	LFSA agrees to take action and/or
•	LFSA has identified action for the complainant to take
•	LFSA has decided that it does not intend to carry out further action for defined reasons

LFSA must categorise each complaint, act and confirm its initial response in writing
to the complainant within the timescales set in section 2. At this stage the nuisance 
reported must also be logged on the LFSA ASB, Harassment, Nuisance & Dispute
Register (see Appendix 1)

4	INTERVIEWING THE COMPLAINANT

4.1	If a face to face interview with the complainant is necessary, this must be held within ten working days of the initial response, except in Category A cases where an interview must be offered as quickly as possible and certainly within one working day.
If there is any risk of violence to staff from a home visit, the complainant must only be interviewed in the office.

4.2.1	LFSA will aim to agree with the complainant the nature of the nuisance and the way 
	forward, together with timescales for action, whether by LFSA, the complainant or 
	others.

4.3	The following information will be collected at interview to help define the type of
	nuisance and the appropriate action:

a)	whether the problem raised is the only or main one
b)	if there are people other than the complainant affected, whether they are prepared to come forward to give supporting evidence
c)	if there are other witnesses to the nuisance and whether they are prepared to give evidence
d)	where, when and for how long the nuisance has been occurring. 
e)	the effect of the nuisance on the complainant and anyone else 
the complainant's view about why the nuisance is happening
g)	whether any action has been taken already - and if the police have been informed whether there is a crime report number
h)	whether the complainant agrees to us contacting potential witnesses, other agencies and the perpetrator about the nuisance
i)		if the complainant wishes to remain unknown to the perpetrator, whether it is possible to pursue the complaint

j)	Deciding on what action is appropriate will depend on the category of nuisance.  If, the complainant does not wish us to take any action against the perpetrator(s), even where known, their wishes will be respected.

4.4	LFSA will confirm in writing to the complainant within 2 working days of the interview what we intend to do, together with the timescales for action. Unless the complainant does not wish it, this will include arranging a further meeting with the complainant within 2 months to review the situation.

4.5	LFSA's ASB, Harassment, Nuisance & Dispute Register is up-dated with details of the action agreed.

5	POSSIBLE FURTHER ACTION BY LFSA

5.1	Requesting further action.       LFSA may request a diary of nuisance events to be compiled or other action carried out by the complainant before proceeding further.

5.2	Interviewing Others.        LFSA may seek to interview others affected by the nuisance or harassment (in the household or neighbours) to find out their views of the complaint and, if appropriate, their willingness to act as witnesses.

5.3	Contacting Other Agencies.         LFSA may contact the police and/or other statutory agencies (such as the Probation Services and Social Services) to see whether they are aware of the incidents being complained about, or any other related incidents.

5.4	Contacting the Alleged Perpetrator.       LFSA may write and seek an interview with the person allegedly causing the nuisance. This will not be undertaken without the complainant's support or witnesses' knowledge.

6	INTERVIEWING THE ALLEGED PERPETRATOR

6.1	At the interview LFSA will put the complaint(s) clearly, giving only the basic facts and only revealing the name or making specific reference to the complainant(s) if they consented and if necessary.

This interview should always take place in the office if there are any concerns over staff safety.

The alleged perpetrator must be given a full chance to respond to the complaints. If they wish to make any counter allegations, LFSA will treat them in the same way as a new nuisance complaint.
6.2	If appropriate, LFSA may suggest or request that the perpetrator seek expert advice from a doctor or mental health professional within 21 days of the event occurring.
6.3	If a decision on the action to be taken can be made at the time of the interview the interviewee will be told there and then, with confirmation in writing within 2 working days.
6.4	If a decision cannot be made straightaway LFSA undertakes to do so and advise the interviewee within 5 working days.

6.5	The action that LFSA decides to take can be one or more of the remedies, legal and non-legal, described in section 7 and in accordance with our policy.

6.6	The complainant will also be written to at the same time advising of the action taken or to be taken and when. Our ASB, Harassment, Nuisance & Dispute Register will be up-dated accordingly.

7	POSSIBLE RESPONSES TO ANTI-SOCIAL BEHAVIOUR, HARASSMENT & NUISANCE COMPLAINTS

7.1	No further action.        After listening to the complainant or the alleged perpetrator, LFSA may decide that the complaint is not justified or that we do not have any ability to intervene in the dispute.

7.2	Independent Mediation.         A referral for independent mediation may be offered which, after listening to each side, tries to find an agreed way forward. If independent mediation is attempted but fails it could strengthen a case in court while, if either side refuses mediation, it could weaken their case in court.

7.3	Acceptable Behaviour Contracts (ABC's).        These are normally agreed with the police, are usually used with young people and backed up by a Parental Control Agreement covering-issues like
•	times when a person is required to be at home
•	limits to volume or timing of music or noise
•	offensive or threatening language or behaviour
•	keeping away from certain people or places
•	
7.4	Anti-Social Behaviour Orders (ASBO's).          These may be used instead of an ABC or if that contract doesn't work. An ASBO would normally be used in Category A and B cases only. An ASBO can be attached to a conviction for a criminal offence or applied for on a stand-alone basis by the association or the police or jointly with other parties. It will seek to place limits on a person's behaviour such as

•	using or threatening violence
•	drinking or other behaviour in public places
•	exclusion from a particular area, district, borough or county
•	
7.5	Injunctions.      These may be used as well as or instead of an ASBO and normally only for category A & B behaviour. These can be taken out against tenants or others who are causing or are capable of causing nuisance directly or indirectly to our tenants or to others lawfully working in the area or on our behalf. They may also be made to prevent the unlawful use of housing accommodation. If an injunction is broken, the guilty person may be fined or even imprisoned. 

7.6	Demoted Tenancies.     If a LFSA tenant, member of their household or visitor is carrying out anti-social behaviour, we can apply to the County Court for a Demotion Order. We would normally only pursue this for category A & B behaviour.

This makes the tenancy similar to a short-hold one where we can apply to the County Court for possession if there is further anti-social behaviour or a breach of the tenancy conditions.

7.7	Possession Proceedings.    We can apply to the County Court for a Possession Order under the existing terms of tenancy. The Court must be satisfied that there is a valid reason for someone to lose their home under the grounds specified in the Housing Act 1985. They must also be satisfied that it is reasonable to grant a Possession Order. They will normally expect us to have pursued other remedies to deal with the behaviour first.

If granted, the order may be outright or suspended and may be immediate or for a period up to 91 days. A suspended order means that the tenant cannot be evicted unless they break the terms of the order so, if the anti-social behaviour stops, the tenant remains. An outright order means that the tenant can be evicted unless the tenant applies for a 'stay' or postponement of the eviction, which can only be granted by the court.

We will apply for a warrant of execution to evict a tenant with an outright possession order or where a suspended order has been broken.

8	FOLLOW UP

8.1	The action resulting from the complaint and investigation may involve follow-up work or checking that the nuisance has stopped. Even if it does not and there have been no further complaints, LFSA will, within 2 months of the original complaint, check with the complainant.

8.2	Throughout any legal or other action that follows we will keep the complainant and others involved informed of progress.

8.3	Wherever possible, we will provide support to the complainant and others, ensuring that measures sufficient to protect complainants, witnesses and their families have been considered and put in place including considering:

•	additional security such as locks, lighting or alarms
•	access to counselling or similar support
•	requesting increased officer presence or security patrols in the area

8.4	LFSA will also keep options for action under review.

8.5	If further complaints are received, the starting point will depend on the outcome of the initial investigation. Further interviews with some or all parties may be necessary

8.6	Wherever possible, if previous action has not resulted in the nuisance stopping or in only a temporary halt, we will take more severe action.

8.7	The ASB, Harassment, Nuisance & Dispute Register will be kept up-to-date. 

9	Management and Monitoring

9.1	The housing manager will have primary responsibility for dealing with complaints of nuisance. Records of complaints and all related documentation will be kept on the relevant tenancy file.

9.2	To facilitate monitoring of cases LFSA will maintain an ASB, Harassment, Nuisance & Dispute Register in the same or similar form to that shown in Appendix 1. This will be kept up-dated with key details and events and will be accessible to and used by all staff. The information it contains will be treated as confidential and will not be made available to third parties, subject to the provisions of the Data Protection Act.

9.3	Responsibility for monitoring case-management rests primarily with the Chairman, though the Register will be used to provide relevant committees with an overview of the nuisance caseload.

9.4	The Complaints Sub-Committee has the main responsibility for monitoring the implementation of this procedure and for reviewing it from time to time.

9.5	Anyone dissatisfied with the implementation of these procedures can make a written complaint to the Complaints Sub-Committee.

9.6	Anyone dissatisfied with a decision of the Complaints Sub-Committee regarding the implementation of these procedures can make a written complaint to the Management Committee. The LFSA office can provide further details of how to make a written complaint.

Agreed by LFSA Management Committee, 1st May 07