This policy and the associated procedure set out Thrive Homes’ approach to tackling ASB. The policy sets out what we expect from our Customers and what they can expect from Thrive Homes in line with the tenancy or lease. The policy also identifies key partners who will take responsibility for ASB where this is more appropriate or within their statutory role, such as CCTV monitoring.
The policy also reinforces the terms and conditions of our tenancies and leases.
This policy applies to all Thrive Homes’ residents/customers provided they are a member of a household which has a tenancy or a long lease with Thrive Homes, The policy applies to all behaviour defined as anti-social within our tenancy agreement, lease and within the definitions in Section 4. Thrive Homes defines what is not ASB in Section 6.2. ASB perpetrated by a private resident will not be investigated by Thrive Homes and will be referred to the Local Authority or the Police.
References/Links to Other Policies
This policy complies with the legal requirements in the ASB, Crime and Policing Act 2014; is compliant with the Respect ASB Charter for Housing, and the regulatory framework for managing ASB cases.
References to other policies include:
- Safeguarding Policy
- Equality and Diversity Policy
- Staff Protection Policy
- Home Visiting Protocol
References to relevant law:
- ASB Crime and Policing Act 2014
- Housing Acts 1985 and 1996
- Homelessness Act 2002
- Equality Act 2010
- Human Rights Act 1998
- Data Protection Act 1998
- Regulation of Investigatory Powers Act 2000 [RIPA]
Resident Involvement/Equality Impact Assessment
An Equality Impact Assessment has been carried out on this policy and its effects are neutral with the exception of those residents whose ASB can be attributed to their mental health. In this instance, impact is positive.
What is ASB? The principal legal definition is included in the ASB Crime and Policing Act 2014, and the Thrive Homes tenancy/lease provisions. ASB is defined as conduct that:
- has caused or likely to cause, harassment, alarm or distress to any person
- is capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises
- is Capable of causing nuisance or annoyance to any person.
Domestic Abuse “Any incident of threatening behaviour, violence or abuse between adults who have been intimate partners or family members regardless of gender or sexuality”.
Hate Incidents are any incident perceived by the victim or any other persons to be motivated by prejudice or hate. This includes direct or indirect discrimination against a person’s disability, gender, gender reassignment, pregnancy and maternity, race, religion/belief, sexual orientation and age.
Thrive Homes’ involvement in domestic abuse or hate crime will only be sanctions related to breaches of tenancy or lease, investigations of these allegations will be carried out by the police and/or the local authority in line with their responsibilities.
What is not ASB? The following are some examples of reports that are not deemed as ASB, and are lifestyle/circumstance differences:
- noise/disturbance from children playing
- babies crying
- family disputes
- cooking smells
- sounds of normal living activities/lifestyle e.g. doors opening/closing, walking in the property, washing machines
- one off events, such as a party or BBQ providing they do not cause unacceptable disturbance
- parking in the wrong bay
- minor personal disputes between neighbours.
Where the behavior is deemed not to be ASB, advice will be given to enable self-resolution.
Thrive Homes expects residents not to commit, or allow their family/household members/visitors or pets to commit acts of ASB as defined in Section 6. In addition to the legal responsibilities set out in the tenancy and lease agreements, Thrive Homes will encourage all residents to;
- take responsibility for minor personal disputes with their neighbours and to try to resolve any problems themselves
- report incidents of ASB to Thrive Homes
- report domestic abuse, hate crime and all other crimes to the police
- respect other peoples’ lifestyles.
Thrive Homes’ response to ASB will be proportionate and appropriate. We will ensure there is preventative action, early intervention, provision of advice and sign-posting to appropriate third sector support for witnesses and victims of ASB, and legal action against perpetrators, either by Thrive Homes or another agency such as the police or local authority.
Except in very serious cases, Thrive Homes’ initial intervention will aim to stop the behavior, prevent the occurrence, using non-legal remedies. Where this is not successful, Thrive Homes will consider taking legal action e.g. injunction, possession action. We will ensure any legal action is in line with the pre-court action protocol.
Thrive Homes will:
- respond to ASB reports in line with severity of incident
- be clear about what action we can or cannot take
- involving residents in the action plan to resolve the issue
- communicating to residents in their preferred method and reasonable levels of frequency, and providing up to date information on the progress of the case
- carrying out a risk assessment and referring to an appropriate third party support service, or other agency.
Thrive Homes does not have CCTV. However where equipment is required to aid the resolution of the case, Thrive Homes will refer this request to the relevant ASB partnership group to facilitate this data/evidence gathering.
Confidentiality and Data Protection Thrive Homes will explain to the complainants that it may be necessary to disclose information to other statutory agencies such as the local authority or the police. Information will be shared with other agencies where there is a duty to do so, and/or were information sharing protocols are in place.
We will only share information in line with the agreed Information Sharing Agreement, which Thrive Homes has signed up to, which covers:
- what information will be shared
- what powers in law provide the ability to share information
- how the information will be shared
- who the partners to the agreement are, and
- any necessary security requirements.
We will carry out regular reviews of active ASB investigation cases, through internal monitoring panels involving the local authority and the police, to ensure cases are investigated thoroughly and proportionately.
Thrive Homes will utilise the “Safetynet” case management IT solution, to record and monitor cases in partnership with key partners.
This policy will be reviewed every five years, or when new legislation is implemented and presented to Executive Management Team for approval of any amendments.
- Status Approved January 2016
- Next review date January 2021
- Responsible Head of Homes and Neighbourhoods
- Equality impact issues Neutral with the exception of those residents whose ASB can be attributed to their mental health. In this instance, impact is positive.