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Leeds Anti-Social Behaviour Team Policy & Procedures Part B: ASB Procedures

Revised December 2015

2 LEEDS CITY COUNCIL: ANTI-SOCIAL BEHAVIOUR POLICY & PROCEDURES PART B (ASB PROCEDURES)

LEEDS ANTI-SOCIAL BEHAVIOUR TEAM

PART B: ASB PROCEDURES

Contents 1 Introduction 2 Anti-Social Behaviour definition

3 Reporting ASB Incidents

Housing Leeds, Belle Isle Tenant Management Organisation and Registered Social Landlords, Leeds Anti-Social Behaviour Team (LASBT) West Yorkshire Police Stop Hate UK Leeds Youth Offending Service Victim Support

4 LASBT: Responding to ASB reports

Enquiry Handling Hate Related Incidents (Domestic) Noise Nuisance Enquiries Inappropriate Enquiries Tension monitoring & Intelligence

5 LASBT: Case Management Procedures

Case Creation & Allocation LASBT Service Standards Case Investigations;

i) Victim Liaison & Vulnerability Assessments ii) Accused Liaison & Vulnerability Assessments iii) Evidence collation & statement taking iv) Accused interventions v) Partner Agency Liaison & Case Conferencing vi) Tenancy Enforcement vii) ASB Enforcement (Legal Tools & Powers) viii) EPA (Statutory Noise) Enforcement

Offender Management Case Closure

6 Monitoring the service

7 ASB Procedure Review




1.0 Introduction 1.1 As outlined within the Part A: Policy Statement, Leeds City Council is actively working

to reduce and prevent anti-social behaviour (ASB) across Leeds. 1.2 The procedures outlined in Part B are not intended to be a statement of the whole

approach of the council to tackling anti-social behaviour, but give a detailed insight into how the Leeds Anti-social Behaviour Team (LASBT) will process reports and the actions they would reasonably be expected to take.

1.3 For more information on what the council is doing to tackle anti-social behaviour visit

the Councils website at www.leeds.gov.uk

2.0 Anti-Social Behaviour Definition 2.1 There have long been wide ranging perceptions of how anti-social behaviour should

be defined. The Anti-social behaviour, Crime and policing Act 2014 uses two definitions of ASB depending upon whether the ASB is related to a housing function. i) Where anti-social behaviour occurs in a non-housing related context the test will

be as to whether the behaviour has caused, or is likely to cause, harassment, alarm or distress to any person.

ii) Where anti-social behaviour has occurred in a housing context, LASBT will

consider whether the conduct is capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises or the conduct is capable of causing housing-related nuisance or annoyance to any person.

3.0 Reporting incidents of anti-social behaviour 3.1 In order that reporting persons and victims* have the choice and flexibility to report

anti-social behaviour in the most convenient way possible, reports of ASB (including hate incidents and noise nuisance) can be made through a number of different routes including;

By contacting their landlord or lettings agency (who may have their own ASB policy and procedure in place).

Face to face at Neighbourhood Housing Offices, One Stop Centres or other council offices.

At Hate Incident Reporting Centres across Leeds

Reporting to Stop Hate UK by contacting their helpline on 0800 1381625 or making an online report at http://www.stophateuk.org/talk-to-us/

At the Homeless Advice & Prevention Centre, hostels and other temporary accommodations.

Telephoning the council on its dedicated ASB number 0113 222 4402

By email to [email protected]

http://www.leeds.gov.uk/

http://www.stophateuk.org/talk-to-us/

mailto:[email protected]




By contacting West Yorkshire Police on the non-emergency number 101 or by reporting concerns and or incidents to Police Community Support Officers

Reporting out of hours reports of noise nuisance on 0113 395 0143

*As referred to within the Policy document, reference will be made throughout these procedures to victims, reporting persons, witnesses and accused persons, or collectively as ‘service users’

3.2 Housing Leeds, Belle Isle Tenants Management Organisation (BITMO) and

Registered Social Landlords (RSL’s). 3.21 The Councils housing stock is managed by Housing Leeds and BITMO who have a

responsibility to manage tenant behaviour in accordance with the responsibilities and obligations outlined within their tenancy agreement.

3.22 All council tenants sign a tenancy agreement at the start of their tenancy, which sets

out their rights and responsibilities as tenants and those of Leeds City Council as the landlord. The obligations of new tenants are emphasised to them during the tenancy sign up process. Housing Leeds use introductory and demoted tenancies, to emphasise further the importance of tenancy terms.

3.23 Registered Social Landlords will have their own tenancy agreements and processes

in place, which will equally advise tenants of their rights and responsibilities 3.24 LASBT expect all housing providers to investigate and attempt to resolve the causes

of low level ASB problems reported by their tenants, at the earliest opportunity, through established tenancy management processes, using warnings and conciliatory tools as appropriate to prevent unnecessary escalation.

3.25 Issues that could reasonably be expected to be resolved through tenancy

management processes through the provision of appropriate advice/instruction, warnings, supportive interventions and independent mediation, include (but are not limited to) those listed below;

Noisy neighbours

Car parking disputes

Property/Boundary disputes

Damage to property

Untidy gardens

High hedges/overhanging trees & shrubs (liaison with Planning Services)

Dog fouling

Uncontrolled animals/pets

Inappropriate use of premises (for car repairs, storing scrap etc.)

Abandoned cars

Impeding access to communal areas

Ball Games/Games in restricted areas 3.26 Where social housing providers, following appropriate investigation and intervention,

are unable to resolve reported problems or problems escalate to include behaviours,




which could require a more robust ASB remedy, they are able to make a referral to LASBT.

3.3 Leeds Anti-Social Behaviour Team (LASBT) 3.31 LASBT is a multi-agency service comprising staff from Leeds City Council, Housing

Leeds/BITMO, Health & Environmental Action Service’s (HEAS) former Domestic Noise Nuisance Team, West Yorkshire Police (WYP), West Yorkshire Fire service (Arson Task Force), Leeds Youth Offending Service (YOS) and Victim Support. It delivers a multi-tenure service operating across Leeds in partnership with a much broader range of agencies and support services.

3.32 LASBT will typically deal with behaviour that cannot be reasonably resolved through

tenancy management, or mediation. This includes (but is not limited to) those listed below;-

Harm to individuals Harassment, threats of violence and/or intimidation, racist behaviour or language and verbal abuse.

Harm directed at communities Drug dealing and misuse, street drinking, prostitution, kerb crawling, aggressive begging, public drunkenness and disorder and persistent domestic noise nuisance.

Environmental harm Graffiti and vandalism/damage to public property.

3.4 West Yorkshire Police

3.41 West Yorkshire Police works in partnership with a range of local agencies to help

encourage the reporting and tackling of crime and anti-social behaviour. WYP

Neighbourhood Teams (including Police Community Support officers - PCSO’s)

provide a visible presence in communities to deter crime, anti-social behaviour and

intimidation, thereby promoting public reassurance.

3.42 Where ASB incidents are reported through LASBT, which could constitute a criminal

offence for which an accused person could be charged and prosecuted, the matter

may be allocated to a West Yorkshire Police ASB link officer embedded within

LASBT to determine whether the matter should be more appropriately investigated by

the Police.

3.43 For further information, please refer to West Yorkshire Police’s website at www.westyorkshire.police.co.uk

3.5 Stop Hate UK 3.51 Stop Hate UK is one of the leading national organisations working to challenge all

forms of Hate Crime and discrimination, based on any aspect of a person’s identity. Stop Hate UK provides independent, confidential and accessible reporting and support for reporting persons, victims and witnesses.

http://www.westyorkshire.police.co.uk/




3.52 In 2014, Safer Leeds launched a 5-year ‘Hate Crime Strategy’ that sets out further details as to how to report Hate incidents through Stop Hate Uk and partner agencies and provides a more detailed overview of the vision for Leeds, the integrated hate crime process adopted by partners in Leeds and our strategic delivery plan.

3.53 A copy of the Hate Crime Strategy for Leeds is available on line by searching for

Hate Crime at http://www.leeds.gov.uk 3.6 Leeds Youth Offending Service 3.61 Leeds Youth Offending Service (YOS) is part of Leeds Children’s Services and is

made up of Social Workers, Education Workers, Police Officers, Health Workers, Probation Officers, Restorative Justice and Youth Workers

3.62 YOS works with children and young people (aged 10-17 years) who have offended to

rehabilitate them and prevent them getting into further trouble. They achieve this by working together with young people and their parents or carers, victims of crime and other agencies and organisations in the local community..

3.63 YOS lead workers based within each area based LASBT team will support LASBT

officers responsible for case investigations involving young people, through their established multi-agency approaches to accessing services young people need to help turn them away from crime and anti-social behaviour.

3.7 Victim Support 3.71 Victim Support is an independent UK charity, which helps people cope with the

effects of crime. They provide free and confidential advice and support to help victims, witnesses and their families. Dedicated Victim Support Outreach Workers work within each area based LASBT team, to provide independent advice and support to victims and witnesses of anti-social behaviour.

3.72 LASBT Case Officers investigating incidents of ASB will offer all named victims and

witnesses a referral to Victim Support.

4.0 LASBT Responding to ASB Reports 4.1 Enquiry handling 4.11 However a report of ASB is received by the council, full details of the report will be

recorded as an ‘enquiry’ within the council’s customer relations management (CRM) system and allocated a unique enquiry reference number.

4.12 Council officers receiving a verbal report (via telephone or face to face) will make a

detailed record of incidents using a standardised ASB script to ensure good quality information is obtained from the reporting person or victim and any potential vulnerability issues can be identified from the outset. These details will then be recorded as outlined at 4.11 above.

http://www.leeds.gov.uk/




4.12 LASBT managers/supervisors will check the CRM system regularly throughout each day to locate, retrieve and assess all new enquiries.

4.13 New enquiries will be assessed to determine whether LASBT is the most appropriate

agency to respond, with due regard given to the reporting person or victim’s tenure, the accused person’s tenure, the nature, severity, persistence of the reported problems and whether or not reported problems are linked to any ongoing or recently closed enquiry or case. Where inward referrals or escalated cases are received from partners, consideration will also be given as to whether appropriate actions have been taken by the referring agency as outlined under section 3.

4.14 Where reported anti-social activity also includes a criminal element, LASBT staff will

liaise with its West Yorkshire Police ASB link officers to obtain further information and/or advice.

4.15 Some enquiries could require a coordinated response from all partners (LASBT,

Police and Landlord). For example, cases relating to cannabis cultivation where there is associated property related ASB could result in criminal, ASB and tenancy action.

4.16 Reports will therefore, be referred to the most appropriate agency to avoid

unnecessary delays or duplication. Reporting persons and victims whose enquiries are accepted by LASBT, will be contacted to acknowledge receipt of their report and, where necessary, to verify their report and/or obtain further details, in accordance with LASBT’s service standards.

In urgent situations, (i.e. reports that include ‘hate crime‘ incidents, where there is a risk of harm to reporting persons, victims or witnesses or where there are clearly identified vulnerabilities), a Case Officer will contact the reporting person or victim, by telephone or face to face visit within -

1 working day

For all other enquiries, a Case Officer will contact the reporting person or victim by telephone or face to face visit within -

2 working days

4.17 Leeds Anti-Social Behaviour Team (LASBT) may not always be the most appropriate agency to respond to, or deal with every report of anti-social behaviour it receives. In addition to the definitions outlined above LASBT will consider the nature, persistence and harm involved in reported ASB incidents.

4.18 Some low-level incidents and nuisances such as neighbour disputes, boundary issues, and infrequent noise problems may be better dealt with by the responsible landlord as a tenancy management or tenancy breach issue. Where incidents include acts of a criminal nature, a more appropriate response might be provided by West Yorkshire Police

4.19 Complex or persistent incidents involving overlapping issues may require a joint or

coordinated response from all partners




Vulnerabilities Regardless of whether an ASB report falls within its remit or not, where reports are received which include reference to known vulnerabilities, or vulnerabilities are subsequently identified by LASBT during a case investigation, LASBT will, under its corporate responsibility, ensure that the needs of all service users are recorded and taken into account when deciding how to proceed or respond.

4.2 Hate Related Incidents/Reports 4.21 LASBT recognises a hate incident is any behaviour that is perceived by a reporting

person, victim or witness, as being motivated by prejudice or hostility based upon the victim’s real or perceived:

Race/Ethnicity – Incidents perceived to be racist by the victim or any other person based on their ethnic origin, skin colour, nationality, culture, and language. Sexual orientation/Homophobia - Incidents perceived by the victim, or any other person, to be motivated by a prejudice based on another person’s sexuality, or perceived sexuality. Faith, religion or belief - Incidents perceived by the victim, or any other person, to be based on prejudice towards, or hatred of the religion/belief of the victim. Disability - Incidents perceived by the victim or any other person to be motivated by the accused’s prejudice against people because of their disability. Transgender/Gender identity - Any incident perceived by the victim or any other person to be based on prejudice towards or hatred of the victim because of that person’s gender identity.

4.22 All ASB incidents and reports that include a hate related element will be processed

as an urgent enquiry and will be responded to within 1 working day in accordance with LASBT service standards.

4.23 Where the reporting person or victim has completed a hate incident reporting form

indicating that they consent to the matter being disclosed to West Yorkshire Police, LASBT will liaise with West Yorkshire Police’s Hate Crime Coordinators who may provide a more appropriate response.

4.24 Where no form has been completed, depending upon the seriousness of the reported

incidents, a LASBT Case Officer may contact the reporting person or victim to take further details and seek consent to disclose to West Yorkshire Police. (See 3.5 for further information on Stop Hate Uk and the Leeds Hate Crime Strategy).

4.3 (Domestic) Noise Nuisance Enquiries 4.31 LASBT receives high numbers of noise reports every year, through both normal

enquiry routes and its ‘out of hours’ noise service. A large percentage of these are ‘one off’ reports in relation to noisy parties or temporary building/DIY work where on reflection, the reporting person or victim chooses not to pursue the matter.




4.32 To manage the high volume of reports and ensure an appropriate response is provided, unless a statutory nuisance has been witnessed by a LASBT Officer, first time noise complainants will be provided with a ‘Noise Nuisance Information Pack’. A letter may also be sent to the accused to inform them that a report has been received and to offer advice to prevent further noise nuisance.

4.33 The purpose of the ‘Noise Nuisance Information Pack’ is to filter “one off” events from

more persistent problems, providing the customer with information on how to resolve the problem themselves, for example, by speaking to their neighbour if this might prevent the problem escalating.

4.34 For instances where the informal response does not work and service users

experience on-going problems, the pack also includes a ‘Nuisance Diary’ with advice on how to complete and return. (Refer to service standards at 5.2)

4.35 Where persistent problems are evidenced within returned nuisance diaries/internal

referrals, an investigation will be undertaken by the most appropriate agency. 4.4 Inappropriate Enquiries 4.41 Where enquiries/referrals have been incorrectly allocated to LASBT, a LASBT

manager/supervisor will;

Contact the reporting person, victim or referring agency to advise as to why the enquiry is inappropriate and/or provide feedback to the corporate contact centre to reduce the potential for further inappropriate enquiries.

Refer the enquiry on to the most appropriate service and advise the reporting person, victim or referring agency of the onward referral.

Where information received warrants an intelligence submission, complete a Tension Monitoring form and pass to a WYP ASB Link officer who will submit a national intelligence report.

Close the enquiry.

Where reported problems are not related to ASB, but vulnerabilities and/or safeguarding concerns have been identified, LASBT will respond in accordance with its service standards to verify any support needs and ensure appropriate actions are undertaken to safeguard the reporting person or victim, before closing the enquiry.

4.42 All actions taken to support any identified vulnerabilities will be logged against the

originating enquiry and the service recipients details updated as appropriate. 4.5 Tension Monitoring & Intelligence 4.51 Information gathered by Case Officers during the course of visits, case investigations

and neighbourhood meetings, related to neighbourhood tensions may also be added to the Safer Leeds Tension Monitoring Database.

4.52 Intelligence may also be submitted to the West Yorkshire Police’s Intelligence Unit.

Intelligence can be categorised (but not restricted to) the list below:




Anything that feels wrong, or odd, or out of place.

Suspicious activity at an address, or public location (phone boxes etc.).

Lots of parcels being delivered, or strange quantities of substances.

Lots of comings and goings, taxis at strange times of day.

Reports of children screaming/crying, children that appear to be unkempt, no food in the cupboards, drug paraphernalia, etc.

Routine information such as people changing address, phone numbers, and changing names or using aliases.

4.53 LASBT will also receive intelligence data through partner agency routes which along

with all submitted intelligence will be reviewed by the performance core and where appropriate tasked out to LASBT managers through normal enquiry processes.

5.0 LASBT Case Management Procedures 5.1 Case Creation and Allocation 5.11 Once additional information/evidence has been obtained where required and an initial

assessment of the enquiry has been undertaken, if LASBT managers/supervisors are satisfied that the reported problems warrant a LASBT investigation they will authorise a case being opened.

5.12 Once a case has been created, a LASBT manager/supervisor will allocate the case

to a case officer provide them with appropriate direction, instruction and/or problem-solving advice.

5.13 On being allocated a case, the case officer will first arrange to meet with the reporting

person or victim, at a location agreeable to both to discuss the reported problems and to explain LASBT’s procedures and service standards (see table below).

5.14 The case officer will conduct an investigation to determine the facts, and establish

whether evidence can be obtained to support the allegations made. 5.15 Dependent upon how the investigation proceeds, LASBT Managers/Supervisors will

direct the case officer to consider whether referrals to interventions and support could help to resolve any problems or whether formal action needs to be taken.

5.16 Where reported disputes relate to non-LCC tenants, case officers will endeavour to

engage with private/social landlords recognising that there may be a responsibility on the landlord to intervene to resolve reported problems. (This could include cases where although LASBT have responded to a statutory noise nuisance, it remains the landlords’ responsibility to take any necessary tenancy action).

5.17 Where reported problems indicate there may be a wider area based issue (i.e.

clusters of linked cases) or problems may be more suitable for multi-agency problem solving, LASBT managers/supervisors will liaise with partners and relevant community groups to consider whether a coordinated response or joint initiative could address the problem.




5.2 LASBT Service Standards LASBT cases will be investigated in accordance with the service standards set out below;

Where enquiries are deemed appropriate for investigation by LASBT, a case will be created and the Case Officer will offer/arrange to visit the reporting person or victim, identify and contact any additional witnesses and visit the accused to discuss the allegations made with within -

10 working days of the case creation date.

Whilst every effort will be made to contact the accused within the above timeframe, LASBT recognise this is not always possible*. Should there be any delays in contacting the accused or reluctance from them to engage, we will advise the reporting person or victim of the reasons for this within – *in some circumstances where there is a risk of harm to the victim and urgent without notice action is needed the accused may not be contacted

10 working days of the initial 10 working day

timeframe

Where the accused is unknown, the case officer will conduct appropriate investigative actions (letter drops, visits to neighbours, system checks with LASBT colleagues and partner agencies, etc.) in an attempt to establish the identity of the accused(s).

The Case Officer will seek to identify any vulnerabilities or safeguarding concerns during the initial visits to reporting persons, victims and the accused, offering advice as to available assistance or support and will review those needs at regular intervals throughout the investigation.

The Case Officer will contact the reporting person or victim at least every 10 working days to obtain any further evidence and update them regarding the case investigation.

Where it is deemed appropriate to issue a Nuisance Diary Book case officers will agree timetable for collection -

not to exceed every 20 working days

A LASBT manager/supervisor will conduct a full review of each case every -

28 days

Where cases result in a legal order being obtained, case officers with responsibility for offender management will manage the case liaising with all service users to monitor adherence to the order and respond appropriately to any further ASB, breaches and personal changes of circumstance.

Case Officers will consult with the reporting person, victim or referring agency and advise the accused accordingly prior to closing cases. Victims will be asked to provide feedback/comments through formal service satisfaction surveys that might help to improve the LASBT service.

Adherence to service standards will be measured monthly and feedback on performance reported through the LASBT performance framework.




5.3 Case Investigation 5.31 LASBT recognises that the complexities involved in investigating ASB, means that

cases cannot as always be undertaken as a one size fits all process. 5.32 Whilst each case will require a tailored and proportionate response there are up to

eight strands of activity that need to be considered/followed in tandem to ensure investigations are thorough and effective;

i. Victim Liaison & Vulnerability Assessments ii. Accused Liaison & Vulnerability Assessments iii. Evidence collation & statement taking iv. Accused interventions v. Partner Agency Liaison & Case Conferencing vi. Tenancy Enforcement vii. ASB Enforcement viii. EPA (Statutory Noise) Enforcement

i) Victim Liaison & Vulnerability Assessments

Unless a visit has already taken place during the initial response to the incoming enquiry/referral, a LASBT case officer will arrange to meet with the reporting person or victim within 10 working days of the case being opened to fully explain the investigative process and manage expectations.

Reporting persons and victims who are wary or fearful of a LASBT case officer being seen to visit them at home should be offered the opportunity to meet at a neutral venue such as a local housing office, if necessary.

During the initial visit to the reporting person or victim, a LASBT case officer will ensure that all actions outlined in the case officers initial contact checklist at section 5.32 ii are carried out

Vulnerabilities will be reassessed at regular intervals throughout the investigation to re-assess support needs in response to on-going incidents, changes in personal circumstances and any significant case actions i.e. legal notices served. Following the initial visit, the Case Officer will continue to, liaise with the reporting person or victim to obtain further evidence, provide updates regarding case progress and where appropriate re-assess whether any support provision is effective and remains relevant to their needs. ii) Accused Liaison & Vulnerability Assessments Interviews will be arranged with the accused (and their parent or guardian where they are under 18 years of age) within 10 days of case creation, unless the nature of reported incidents indicates reporting persons or victims may be put at risk though the disclosure of allegations. Interviews with accused persons in full time education will, where necessary, be arranged to take place outside of their education timetable.




Prior to arranging to interview the accused, case officers may undertake a risk assessment in response to the nature and severity of the allegations or any concerns arising from the accused’s previous contact history, to minimise any potential risks to reporting persons, victims or themselves. If appropriate, case officers may arrange for a colleague or a West Yorkshire Police ASB link officer to accompany them at the interview. Wherever practicable, subject to any known or identified risks, interviews with accused persons will be pre-arranged by telephone to minimise the potential for failed appointments. Where time permits, scheduled interviews should be confirmed in writing. As with arranging meetings with victims, it may be necessary to offer to meet with accused persons away from their home at a neutral venue. Where swift action is needed to protect victims from serious harm, a LASBT manager/supervisor may authorise for action to be taken ‘without notice’ being given to, or contact made with, the accused. Where initial contact with an accused person is likely to take longer than 10 working days after the case opening date, the case officer will advise the reporting person or victim of the reasons for this. During the initial meeting with the accused, the case officer will ensure that all actions outlined in the case officers initial contact checklist below are carried out;

Case Officers Initial Contact Checklist

Reporting Persons/Victims Accused

Introduce them self to the reporting person or victim and provide them with their contact details should they need further information or wish to report further incidents.

Introduce them self to the accused and provide them with their contact details should they need further information or have further questions regarding the investigation.

Obtain as much detail as possible about the reported ASB (times, dates, who was involved, causes, consequences etc.) and if appropriate record photographic evidence of any visible damage.

Inform the accused of the allegations made and obtain their version of events/incidents, noting any admission or counter allegations* (including times, dates, who was involved, causes, consequences etc.) *See further information below relating to counter allegations.

If the reported behaviour includes incidents that could constitute a criminal offence, the reporting person or victim will be advised to report the matter to the Police, to keep a record of incident numbers and retain the name/details of the attending officer.

If allegations put to the accused or counter allegations raised by them include incidents that could constitute a criminal offence, the accused should be advised that such incidents might be reported to the Police.




Ask whether any other council service, professional body/solicitor/Councillor or MP has been contacted or is already involved in this case.

Ask whether any other council service, professional body/solicitor/Councillor or MP has contacted them in relation to the allegations made

Explain the purpose of, and complete, a ‘Victim Vulnerability assessment’ and ‘equality monitoring data form’ to identify any vulnerabilities or support needs giving due regard as to what support can be provided.

Explain the purpose of, and complete, an ‘accused vulnerability assessment’ and ‘equality monitoring data form’ to identify any vulnerabilities or support needs that may have a bearing on their behaviour giving due regard as to what support can be provided.

Provide the reporting person or victim with leaflets and information relating to available support services/organisations that may be able to assist them.

Provide the accused with leaflets and information relating to available support services/organisations that may be able to assist them.

Advise the reporting person or victim as to how the case will be investigated, how the case may progress and what options are available at this stage including independent mediation if appropriate.

Advise the accused as to how the case and any counter allegation case, will be investigated, how a case may progress and what options are available at this stage including independent mediation if appropriate.

Discuss with the reporting person or victim their expectations in relation to the case, recognising that our primary objective would be to resolve the problem. Explain not only what the reporting person or victim can expect from us, but what we will require from them, recording any agreed actions within a victim action plan.

If allegations are accepted, discuss with the accused options to prevent further ASB through diversionary and/or supportive interventions, and voluntary agreements and/or contracts, recording any agreed actions within an accused action plan.

If the accused or their parent/guardian is a council tenant, explain how further ASB could constitute a breach of the tenancy agreement and of the potential for action to be taken against the named tenant.

Explain to the reporting person or victim that the completion of nuisance diary books forms a vital part of the evidence gathering process and that NDB’s need to be completed correctly with detailed accounts of incidents and their impact, to progress the case.

Ensure that the reporting person or victim understands that should LASBT take legal action, they could be required, to provide evidence at court.




Identify any risk factors that would prevent the reporting person or victim giving evidence at court.

Obtain consent of the reporting person or victim to approach the accused, explaining that whilst their identity will not be disclosed, they could be identifiable to the accused through the disclosure of specific incidents (particularly given the legal requirement to disclose evidence to the defence) if the case progresses to court.

Inform the reporting person or victim that LASBT offers a referral to Victim Support who, if invited to support them, will continue to liaise with the case officer to advise of any new or emerging vulnerability issues or additional support needs.

All service users’ vulnerabilities will be reassessed at regular intervals throughout the investigation to re-assess support needs in response to on-going incidents, changes in personal circumstances and any significant case actions i.e. legal notices served. Following the initial visit, the Case Officer will continue to, liaise with all service users to obtain further evidence, provide updates regarding case progress and where appropriate re-assess whether any support provision is effective and remains relevant to their needs.

All interviews, discussions and/or attempted discussions with the accused, including instances where the accused fails to attend a scheduled meeting or refuses to discuss any allegation, will be recorded as evidence of attempts made to conduct an impartial and balanced investigation. A written record will be kept of all interviews and agreed actions. Following the initial meeting with the accused, the case officer will, (unless emergency legal action is to be taken without notice to the accused), continue to liaise with the accused throughout the investigation to discuss further evidence obtained, to consider appropriate interventions, and/or to reiterate any conditions/sanctions the accused is expected to adhere to. The accused vulnerability assessment and resulting support provision will be reviewed when appropriate to ensure support is effective and remains relevant to the accused’s needs. Where the accused, either in person or through their solicitor denies all allegations the Case Officer will discuss the case with their LASBT manager/supervisor to




evaluate the strength of the evidence against that individual and agree how to progress. All requests from solicitors acting on behalf of the accused, where evidence of consent has been provided, will be responded to in writing by an LASBT manager/supervisor. Counter allegations Where an accused person makes a counter allegation, their allegation will be logged as a formal enquiry in accordance with section 4 of these procedures and responded to in accordance with LASBT’s agreed service standards. An LASBT manager/supervisor will depending upon the complexity of the case, determine whether any counter allegation case is investigated by the case officer dealing with the original case or whether it needs to be passed to a second officer for investigation.

iii) Evidence Collation Case officers will ensure all investigations are thorough, impartial and all avenues of potential evidence are explored to determine the most effective means to resolve complaints of ASB. Sources of evidence include, but are not restricted to;

Nuisance Diary Books (see below)

Statement taking during interviews with case participants (see below)

Personal observations during visits

Photographs

Professional evidence (Police, Out of Hours Response Officers, Housing Officers etc.)

Professional witnesses

Fraudulent documents/records

House to house enquiries

Visits to neighbours and wider area

Hearsay

Shared intelligence

CCTV

Surveillance (Overt & Covert) (see below)

Noise Monitoring Equipment (see below)

Section 115s

Nuisance Diary Books (NDB) Where reporting persons, victims or witnesses wish to report regular incidents of nuisance or anti-social behaviour, nuisance diary books (NDB’s) should be with clear guidance provided as to how to record incidents (times, type and nature of incidents, duration, the impact on themselves and details of all involved, other witnesses etc). Each incident should be signed and dated.

Where someone reports having problems or being unable to complete a NDB the case officer will consider what other forms of help/assistance could be available including the use of Dictaphones and ascertaining whether a relative/friend could assist.




All nuisance diary books issued by case officers will be collected within 20 working days in accordance with service standards. Diaries issued following an initial noise enquiries should be returned by the reporting person or victim within 20 working days, once further incidents have been recorded.

Statements Where a victim/witness statement is needed, to support any legal proceedings, reporting persons, victims and/or witnesses will be asked to provide a statemented account of incidents observed (as logged within NDB’s) or reported to them (hearsay). Statements should be a signed, contemporaneous and accurate account of events as they were observed/heard, written in their own words, and should include an explanation of how those events made them feel. Handwritten notes used to prepare a typed statement will be retained on file. Surveillance Where surveillance operations are to be used to obtain covert CCTV evidence of incidents of ASB, an appropriate RIPA authorisation should be sought. Responsibility for completing a RIPA application rests with the case officer who will submit the application to a LASBT manager/supervisor for approval prior to it being authorised by the Head of Anti-Social Behaviour. All collated evidence will be recorded on LASBT’s case management system. All documents/evidence including statements will be copied, scanned and uploaded with ‘originals’ returned to the victim/witness.

Noise Monitoring Equipment (NME) Whilst the installation of NME can be an invaluable resource in evidencing noise nuisance, it may not be suitable in all circumstances. NME is not ideally suited to monitoring day-to-day living noise such as loud voices, banging doors and footsteps, as this type of noise is unlikely to be considered a statutory noise nuisance. If the noise is happening during the daytime, efforts should be made by the case officer to witness the noise rather than install NME. Where this is impractical or noise frequently occurs in the evening/night-time/early morning, the use of NME might be appropriate. Types of noise that are suitable for the use of NME include;

Loud music

Loud TV

Loud radio

Musical Instruments

Dog barking / Cockerels (other livestock/animals)

Loud parties

NME may only prove/disprove noise is taking place; it may not provide any evidence in relation to the noise source.




NME can be used in cases where there are vulnerabilities and mental health issues as long as the customer has the capacity to understand how the NME is used.

iv) Accused interventions LASBT’s case officers will work with the accused to identify any support mechanisms and/or interventions already in place with the accused. Case Officers will then consider whether those or other new interventions could contribute to resolving identified ASB issues.

Where additional or new supportive or diversionary interventions are deemed appropriate LASBT will consider making referrals that are appropriate to the accused’s tenure, age, and support needs, balancing the support needs of the accused against the seriousness of the ASB and the need to protect victims and witnesses.

Examples interventions, agreements and warnings available to LASBT include but is not restricted to;

Referrals to support and intervention providers (Including; Positive Activities for Young People, Youth Inclusion programmes, Families First, Signpost, Drug programmes, Housing advice, Homelessness etc.),

Referrals to intervention panels,

Verbal and written warnings,

Acceptable Behaviour Contracts (ABC’s),

Good Neighbour Agreements,

Responsible Retailer Agreements,

Noise Abatement Notices

Community Protection Notices

Housing caution. Where an accused person engages with a supportive or diversionary intervention provider, case officers will consult with the provider and victims/witnesses to assess the impact of engagement in changing their behaviour. LASBT will retain the option to undertake enforcement action in conjunction with on-going intervention & support where it is deemed necessary and appropriate to prevent further ASB. Acceptable Behaviour Contracts (ABC) An ABC is a written contracts between an accused (and a responsible adult if they are under 18), Housing Leeds/BITMO or LASBT, and the Police. Although not legally binding, the contract is a promise that the accused will not carry out certain acts, which could be seen as anti-social. The contract may include support for the individual in tackling the behaviour. Contract terms will be agreed with the accused at a face-to-face meeting at which behaviours are fully discussed and their impact recognised. It is not always necessary to use an ABC before taking other action (e.g. where the behaviour is very serious) but it is a step that would be considered in most cases involving young people. Parenting Contracts




In some instances, it may also be appropriate for the parent to enter into a Parenting Contract, where the parent agrees to certain measures to try to stop the anti-social behaviour being caused by their child. These are most likely to be used when a child causing the ASB is under 10 and below the age of criminal responsibility Noise Abatement Notice and action against Noise Nuisance (Refer to section vii) Community Protection Notice (Written warning) A Community Protection Notice (CPN) is intended to deal with particular, ongoing problem or nuisance that negatively affects the community’s quality of life by targeting those responsible. Before a Community Protection Notice can be issued, a written warning must be issued to the person committing anti-social behaviour. The written warning must make clear to the individual that if they do not stop the anti-social behaviour, they could be issued with a CPN.

v) Partner Agency Liaison and Case Conferencing LASBT recognise that working in partnership with a fully inclusive range of partner agencies broadens the tools and mechanisms available to deal with ASB effectively, to bring about sustainable resolutions. Case Officers will where it is appropriate or necessary to do so, arrange case conferences that bring partner agencies together to identify shared solutions, identify additional avenues of support and agree joint actions to intervene and resolve reported ASB. Partners involved could include, (but is not restricted to):

West Yorkshire Police

Tenants and Residents Associations

Signpost

Families First

Multi-Agency Risk Assessment conference (MARAC)

Housing Leeds

BITMO

Education Leeds

Social Care

Youth Service

Youth Offending Service

Integrated Processes Service - Common Assessment Framework (CAF)

Independent Mediation

Case conferences will be meaningful and their aims made clear to all invitees in advance of the meeting. Minutes of case conferences will be taken and outcomes shared with relevant parties.

Whilst it is recognised that partner agencies are able to take the lead in respect of support provision where appropriate, LASBT case officers will retain ownership of the over-arching ASB case management.




vi)Tenancy Enforcement Introductory tenancies LASBT will adhere to the legal process set out for dealing with ASB related to Introductory Tenancies. Enforcement measures used for Introductory Tenancies are:

Extension of Introductory Tenancies

Termination of Introductory Tenancies

Final Warnings

Possession Secure Tenancies LASBT will adhere to agreed Housing Leeds/BITMO processes for dealing with ASB related to secure tenancies. Enforcement measures used for secure tenancies include:

Written warnings

Housing Cautions

Demoted tenancies*

Possession orders* * Further details included under vii.

vii) ASB Enforcement

Where it is deemed that interventions are unlikely to resolve reported problems or indeed the on-going ASB warrants a more formal response to protect victims and witnesses, LASBT manager/supervisor approval will be sought to proceed to enforcement action. LASBT managers/supervisors will provide appropriate advice and guidance concerning appropriate legal measures taking full account of the accused’s age, tenure and reflect the nature and the seriousness of the ASB. Once enforcement options have been approved, the case officer will compile a full case file with all documentary evidence obtained during the investigation (photographs, statements, letters, ABC’s, cautions, CCTV evidence etc.) and make a formal referral to Legal & Democratic Services. Enforcement tools used by LASBT will primarily fall under the Anti-social behaviour Crime and policing Act (ASBCPA) 2015, which seeks to ensure ASB legislation is victim centred, easy to use and dependent upon local decision-making. Powers available under the legislation are listed below and additional guidance can be found online at; https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352562/ASB_Guidance_v8_July2014_final__2_.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352562/ASB_Guidance_v8_July2014_final__2_.pdf

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/352562/ASB_Guidance_v8_July2014_final__2_.pdf




a) Civil Injunctions Civil injunctions can be applied for under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 to stop a person’s anti-social behaviour escalating and to set a clear standard of expected behaviours. The injunction is designed to offer a fast and effective protection for victims and communities. There are two tests for an injunction under Part 1 of the 2014 Act. Non-housing related Where anti-social behaviour occurs in a non-housing related context the test will be as to whether the accused’s behaviour has caused, or is likely to cause, harassment, alarm or distress to any person. For example, where the anti-social behaviour has occurred in a public place, such as a town or city centre, shopping mall, or local park, and where the behaviour does not affect the housing management functions of a social landlord or people in their homes. Housing-related Where anti-social behaviour has occurred in a housing context the nuisance or annoyance test will apply, that is, whether the accused’s conduct is capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises or the conduct is capable of causing housing-related nuisance or annoyance to any person. Applications where the accused is aged between 10 and 17 will be applied for through the Youth Court; applications for those aged 18 and over will be applied for through the County Court. Injunctions will include appropriate prohibitions for recipients to stop them behaving anti-socially, but can also include positive requirements to help them to deal with the underlying cause of their behaviour. LASBT must liaise with Leeds Youth Offending Team for applications where the accused is under 18, to ensure any positive requirements are both appropriate and achievable. Prohibitions or requirements in the injunction can be for a fixed or indefinite period for accused adults. In the case of under 18s, prohibitions and positive requirements must have a specified time limit, the maximum term being 12 months. LASBT recognise that publicising the terms of an order can help local people to identify and report breaches, but can also reassure communities that action is being taken in response to reported anti-social behaviour. Unless the court has made a section 39 order under the Children and Young Persons Act 1933, prohibiting publication, the decision to publicise injunctions will be taken by the police or council through its regular ASB panel process. Panel will consider the both the accused’s right to privacy and the needs of the victims, witnesses and the wider community in deciding whether it is necessary and proportionate to publish.




‘Without notice’ applications: Some Injunctions may be applied for ‘without notice’ being given to the accused where there is a concern or belief that disclosure could put the victim or witnesses at further risk. . The notification and consultation requirements that apply to ‘with notice’ applications do not apply to ‘without notice’ applications. Interim injunctions: If a ‘without notice’ application is successful, the court will grant an interim injunction. An interim injunction may also be granted where a standard application is adjourned. Interim injunctions can only include prohibitions, not positive requirements. Variation and discharge of injunctions: Where an accused’s behaviour improves and LASBT (through its review process) deems it appropriate to vary or discharge an injunction, it can apply to the courts or advise the accused to apply. Where an application is made by LASBT, it will notify the service users and organisations it consulted as part of the initial application process. If the court dismisses an application to vary an injunction, the applicant is not allowed to make a further application without the consent of the court or the agreement of the other party. Power of arrest: The court can attach a power of arrest to any prohibition or requirement in the injunction, except a positive requirement, that is, a requirement that the respondent participates in a particular activity. The court can only attach a power of arrest if;

• the anti-social behaviour in which the accused has engaged, or threatens to engage, consists of or includes the use, or threatened use, of violence against other persons; or

• there is a significant risk of harm to other persons from the accused.

b) Criminal Behaviour Orders Criminal Behaviour Orders (CBO) can be applied for on conviction, in order to tackle the most persistently anti-social individuals who are also engaged in criminal activity, for example, threatening violence against others in the community, being persistently being drunk and aggressive in public or causing criminal damage. A CBO does not, however, require there to be a link between the criminal behaviour that led to the conviction and the anti-social behaviour, for it to be issued by the court. Orders can include both prohibitions and positive requirements.

Prosecutions will usually be brought by the Crown Prosecution Service (CPS), but in some cases, LASBT (being the local authority) may apply for a CBO after the accused has been convicted of a criminal offence. The CPS can apply for a CBO at its own initiative or following a request from a council or the police. The CBO




hearing will occur after, or at the same time as, the sentencing for the criminal conviction

Orders will be granted where the court is satisfied beyond reasonable doubt that the offender has engaged in behaviour that has caused or is likely to cause harassment, alarm or distress to any person; and the court considers that making the order will help prevent the offender from engaging in such behaviour. Where an offender is under 18, prior to making an application LASBT will consult with the local Youth Offending Team (YOT) and other local organisations that are in contact with the accused, including as schools, colleges, providers of probation services, social services, mental health services, and housing providers to agree appropriate positive prohibitions. c) Dispersal powers Where reports are made to LASBT, or intelligence or evidence is gathered which indicates there are likely to be problems of ASB, crime or disorder in a specific area, LASBT will liaise with its Police partners to determine if a dispersal power would be appropriate.

The dispersal power is a flexible police power, authorised by an officer of at least the rank of inspector that can be used in a range of situations to disperse anti-social individuals and provide immediate short-term respite to a local community. The authorising officer must consider the impact on the local before using the dispersal power. The power allows police officers in uniform. Police Community Support Officers (PCSOs) if designated by their chief constable to deal instantly with someone’s behaviour and nip the problem in the bud before it escalates. In areas where there are regular problems, LASBT will work with its police partners to help find sustainable long-term solutions. d) Community Protection Notice (CPN) LASBT is just one of a number of services/agencies permitted to serve a CPN along with its LCC Environmental Health, Housing Leeds and Police partners. Social Landlords can also issue a CPN where they have been given the designated power by the local authority. Before serving a CPN, LASBT the accused must have been issued with a warning letter, to highlight to them or the organisation they represent the nature of their problem behaviour, to request them to stop, and the consequences of continuing. Where the problem behaviour continues, evidencing persistence, a CPN can then be issued by LASBT where it is satisfied on reasonable grounds that the conduct of the accused;

• is having a detrimental effect on the quality of life of those in the locality; • is persistent or continuing in nature; and • is unreasonable.




The CPN can also include requirements to ensure that problems are rectified. Issuing a community protection notice (CPN) does not discharge the council from its duty to issue an Abatement Notice where the behaviour constitutes a statutory nuisance for the purposes of Part 3 of the Environmental Protection Act 1990 (refer to section vii below and Part C of LASBT’s procedures for a more detailed account of our Noise nuisance procedures). Failing to comply with a CPN is an offence for which LASBT can act on from a range of available options. Depending on the behaviour of concern, LASBT may:

Issue a Fixed Penalty Notice (FPN) not be more than £100 with two amounts specified, for instance, a lower payment if settled early, say within 14 days. (Payment of the FPN would discharge any liability to conviction for the offence. In order to allow the accused time to pay the FPN, no other associated proceedings can be taken until at least 14 days after the issue.

Take remedial action to address the issue where it is deemed an appropriate sanction. For instance, in a situation where the reported behaviour relates to a significant build-up of rubbish in the accused’s front garden, remedial action could take the form of clearing the garden on the accused’s behalf albeit the accused would be liable for the costs of the work.

Apply for a Remedial Order. On conviction for an offence of failing to comply with a CPN, LASBT may ask the court to impose a remedial order and/or a forfeiture order. This could be for a number of reasons, for instance:

The matter may be deemed so serious that a court order is warranted;

Works may be required to an area that requires the owner’s or occupier’s consent and this is not forthcoming; or

LASBT may believe that forfeiture or seizure of one or more items is required because of the behaviour (for instance, sound making equipment).

Forfeiture orders: Following conviction for an offence under section 45, the court may also order the forfeiture of any item that was used in the commission of the offence. This could be spray paints, sound making equipment or a poorly socialised dog where the court feels the accused is not able to manage the animal appropriately (dogs would however need to be re-homed).

Where items are forfeited, they can be destroyed or disposed of appropriately.

In some circumstances, the court may issue a warrant authorising the seizure of items that have been used in the commission of the offence of failing to comply with




a CPN. In these circumstances, an enforcement officer may use reasonable force, if necessary, to seize the item or items.

Failure to comply with any of the requirements in the court order constitutes contempt of court and could lead to a custodial sentence. If an accused is convicted of an offence under section 48, they may receive up to a level 4 fine (up to £20,000 in the case of a business or organisation).

Anyone issued with a CPN has the opportunity to appeal it. Appeals are heard in a magistrates’ court. The CPN includes details of the process and how the accused can appeal.

An appeal can be made on the following grounds;

The behaviour did not take place,

The behaviour has not had a detrimental effect on the quality of life of

those in the locality,

The behaviour was not persistent or continuing,

The behaviour was not unreasonable,

The accused cannot reasonably be expected to control or affect the

behaviour,

Any of the requirements are unreasonable,

There is a material defect or error with the CPN,

The CPN was issued to the wrong person.

e) Public Spaces Protection Order (PSPO) An order designed to protect public spaces from anti-social individuals or groups who create a particular nuisance or problem in a particular area that is detrimental to the local community’s qualify of life. Typically this might include individuals allowing dogs to roam without a leash and foul, drinking alcohol or engaging in drug use. A PSPO can be made by the council if they are satisfied on reasonable grounds that the activities carried out or likely to be carried out, in a public space:

• have had, or are likely to have, a detrimental effect on the quality of life of those in the locality;

• is, or is likely to be, persistent or continuing in nature; • is, or is likely to be, unreasonable; and • justifies the restrictions imposed.




Before making a PSPO, the council must consult with the local police. This should be done formally through the chief officer of police and the Police and Crime Commissioner, but details could be agreed by working level leads. This is an opportunity for the police and council to share information about the area and the problems being caused as well as discuss the practicalities of enforcement. In addition, the owner or occupier of the land should be consulted.

The council must also consult whatever community representatives they think appropriate. This could relate to a specific group, for instance the residents association, or an individual or group of individuals, for instance, regular users of a park or specific activities such as busking or other types of street entertainment. Before the PSPO is made, the council also has to publish the draft order in accordance with regulations published by the Secretary of State.

Where an accused breaches the conditions of a PSPO (e.g. allowing dog to roam without a leash, dumping rubbish, consuming alcohol) and is witnessed doing so by a Police officer, designated PCSO or Council officer their behaviour will be challenged. They might be asked to leave the area, handover alcohol or put their dog on a leash. If the accused refuses to comply with the instruction, they will be committing an offence, for which they could be issued with a fixed penalty notice (Local Authority FPN) that can be issued by a Police officer, designated PCSO or Council officer. A more serious breach could on conviction result in a court-imposed fine.

f) Closure Orders The closure power is a fast, flexible power that can be used to protect victims and communities by quickly closing premises that are causing nuisance or disorder.

The power comes in two stages: the closure notice and the closure order. The closure notice can be used by the council or the police out of court. Following the issuing of a closure notice, an application must be made to the magistrates’ court for a closure order, unless the closure notice has been cancelled.

A closure notice can be issued where the council or police officer (of at least the rank of inspector) is satisfied on reasonable grounds:

that the use of particular premises has resulted, or is likely soon to result, in nuisance to members of the public; or

that there has been, or is likely soon to be, disorder near those premises associated with the use of those premises, and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.

The closure notice can be issued in the first instance for 48 hours or extended from 24 hours up to a maximum of 48 hours by the council's chief executive officer (head of paid service) or designate thereof, or by a police superintendent.

The closure notice should:




identify the premises;

explain the effect of the notice;

state that failure to comply with the notice is an offence;

state that an application will be made for a closure order;

specify when and where the application will be heard;

explain the effect of the closure order; and

give information about the names of, and means of contacting, persons

and organisations in the area that provide advice about housing and legal

matters.

A closure order can subsequently be issued to close the premises for up to 3 months, if the court is satisfied:

that the accused has engaged, or is likely to engage, in disorderly, offensive or criminal behaviour on the premises; or

that the use of the premises has resulted, or is likely to result, in serious nuisance to members of the public; or

that there has been, or is likely to be, disorder near those premises associated with the use of those premises, and that the order is necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring.

A closure notice cannot prohibit access of anyone who routinely or regularly lives at those premises. However, a closure order, granted by the court, can prohibit access to those who routinely live at premises.

In prohibiting access through a closure notice, it will be important to consider who is responsible for the premises and who may need access to secure a premise. This might not always be the owner, but could be a letting agent. Breaching a closure order is a criminal offence carrying a penalty of either imprisonment for a period of up to six months or an unlimited fine, or both. A closure notice cannot be appealed. A closure order can be appealed, as long as appeals are made to the Crown Court within 21 days beginning with the date of the decision to which the appeal relates.

g) Absolute Grounds for possession In some persistent or serious anti-social behaviour cases, it may become necessary to seek possession. LASBT will when responding to the most serious cases of anti-social behaviour consider the new absolute ground for possession included within the ASBCAP Act 2014, designed to speed up the possession process in cases where anti-social behaviour or criminality has been already been proven by another court.




The court must grant possession (subject to any available human rights defence raised by the tenant, including proportionality) provided the landlord has followed the correct procedure and at least one of the following five conditions is met:

the tenant, a member of the tenant’s household, or a person visiting the property has been convicted of a serious offence;

the tenant, a member of the tenant’s household, or a person visiting the property has been found by a court to have breached a civil injunction;

the tenant, a member of the tenant’s household, or a person visiting the property has been convicted for breaching a criminal behaviour order (CBO);

the tenant’s property has been closed for more than 48 hours under a closure order for anti-social behaviour; or

the tenant, a member of the tenant’s household, or a person visiting the property has been convicted for breaching a noise abatement notice or order.

The offence or anti-social conduct must have been committed in, or in the locality of, the property, affected a person with a right to live in the locality of the property or affected the landlord or the landlord’s staff or contractors. LASBT has well established working relationships with the police, council departments and other local agencies that will ensure the landlord is always aware when one or more of the triggers for the new absolute ground has occurred Possession Proceedings The council can consider eviction where the accused of anti-social behaviour is a council tenant or someone living with or visiting a tenant, and the behaviour complained of is a breach of the terms of the tenancy agreement, or, in the case of secure tenants, one of the grounds for possession as defined by the Housing Act 1985 applies. The grounds for possession include where the tenant or a person living with or visiting the tenant is guilty of anti-social behaviour.

The type of tenancy held determines the course of legal action. When an application is made to court for possession of an Introductory Tenancy, the Court should grant possession, as long as Housing Leeds/BITMO have correctly followed the council's introductory tenancy procedures.

When the tenant is a secure tenant the court must also be satisfied that it is reasonable to evict the tenant on the basis of the anti-social behaviour that has been evidenced.

Examples of cases where eviction would be considered include:

Dealing drugs from council property;

Using violence or severe intimidation against neighbours or staff;

Using council property for serious criminal activity;

Where properties have been closed under crack house or anti-social behaviour closure powers;




Where the anti-social behaviour is persistent and other attempts to prevent it have failed.

Demoted tenancies A demoted tenancy is a less secure form of tenancy. A secure tenancy can be demoted where there is anti-social behaviour, and is done by serving a Demotion Notice and making a court application for a Demotion Order. The court must also be satisfied that it is reasonable to demote the tenancy.

Once the tenancy is demoted to a less secure form of tenancy, any future request for possession of that property would follow a similar procedure to that for introductory tenancies. Demotion generally lasts for a period of 12-18 months. Other powers; Injunctions for trespass The council can send a prohibition letter banning individuals from entering council owned property. If the letter is ignored, this will be trespass and the council can apply for an injunction banning the individual from continuing the trespass. In the case of schools, the law requires the parent of a child to be consulted before such a ban is made against them

vii) EPA (Statutory Noise) Enforcement LASBT responds to and investigates all complaints of alleged noise nuisance in accordance with the relevant legislation, with primary consideration being given as to whether the alleged noise nuisance constitutes a statutory noise nuisance. There is no specific definition of a statutory nuisance, other than matters, which are "prejudicial to health or a nuisance". "Prejudicial to health" is defined as "injurious or likely to cause injury, to health" and health is defined by the World Health Organisation [WHO] in the preamble to the 1952 Constitution as "a state of complete physical, mental and social well-being and not merely the absence of disease or infirmity". In order to assess whether reported noise constitutes a ‘statutory nuisance’, the noise must be witnessed when it is occurring by a competent officer and assessed against a range of parameters (see below) and deemed excessive and unreasonable.

Full details of how LASBT responds to reported noise nuisance issues and the tools and powers at its disposal to address them are outlined in PART C of these procedures. SUMMARY OF NOISE NUISANCE ENFORCEMENT OPTIONS Enforcement options surrounding noise nuisance depend on the type of noise and the tenure of the victim and accused. The table below shows which options are likely to make a long-term difference to the victim. NB: If a council tenant is affected then injunctions can also be taken out on private tenants and owner-occupiers.




If the nuisance involves noise and other ASB, the statutory noise route may not be the best option; civil remedies would assist the victim more effectively. LASBT want to stop the problem and should use whichever tool is most efficient NOISE TYPE/ ENFORCEMENT OPTIONS

COUNCIL TENANT

PRIVATE TENANT/ Registered Social landlord (RSL)

OWNER OCCUPIER

Dogs/Animals Tenancy action Injunction S80 notice Injunction Prosecution

Injunction (RSL/LL) Tenancy action (RSL/LL) Injunction S80 notice Prosecution

Injunction S80 notice Prosecution

Shouting/Swearing Tenancy action Injunction S80 notice Injunction Prosecution

Injunction (RSL/LL) Tenancy action (RSL/LL) Injunction S80 notice Prosecution

Injunction S80 notice Prosecution

Music/Parties Tenancy action Injunction Injunction S80 notice Seizure Prosecution

Injunction (RSL/LL) Tenancy action (RSL/LL) S80 notice Seizure Prosecution Injunction

S80 notice Seizure Prosecution Injunction

Intruder alarms Fire alarms Vehicle alarms

Warrant to silence alarm

Warrant to silence alarm Warrant to silence alarm

5.4 Offender Management Where court actions result in a legal order being obtained, (unless the order brings

the case to a close (i.e. Outright Possession/Eviction) the order will be monitored and reviewed by LASBT or our police partners to assess whether the problems have been addressed or further action is required.

LASBT will continue to liaise with case participants to assess the victims ongoing

support needs, receive any reports of further incidents, monitor the offenders’ adherence to the order and continually assess any changed behaviour.

Where evidence suggests that the order has resolved the reported problems and

protected victims/communities from further ASB, on-going contact with the complainant/victim will be agreed with them (which may fall outside of the agreed service standards referred to under section 5.2). Case complainants/victims will be advised that they are able to contact officers directly should the need arise.

Where there is evidence of further ASB or continual breaches of an order, contact

with case participants will be maintained at a minimum monthly interval, to obtain evidence if further action (by way of a variation or new proceedings) is to be taken or until otherwise advised following a manager/supervisor case review.




When reviewing cases and progress following the granting of an order, consideration

will be given to any revisions in case participant’s vulnerabilities and the appropriate vulnerability matrices completed.

5.5 Case Closure Cases can only be closed with the approval of a LASBT manager/supervisor, once it

has been determined that the investigation has found insufficient evidence to warrant further investigation, reported problems have been satisfactorily resolved, or abated and/or following the expiry/execution of a legal order.

5.51 LASBT manager/supervisors may also close a case where the issues are centred

around a one on one dispute with no wider community involvement and no risks to either party, where an offer or mediation or other reasonable solution has been offered to both parties but has been declined by the reporting person or victim.

5.52 In some cases, where reported problems have been significantly resolved but

residual tenancy issues prevail, it may be appropriate to refer the case back to the appropriate landlord, for additional tenancy action and/or monitoring.

5.53 Owner occupiers may be advised to consult their own solicitor about taking private

action where the reported problems fall outside of the scope of LASBT. 5.54 Reporting persons, victims and those agencies involved in the initial referral of

enquiries will always be contacted and advised of the reasons for case closure prior to case closure.

5.55 The accused will also be informed of the decision to close cases prior to case

closure.

6.0 Monitoring the Service 6.1 Case Supervision

LASBT managers/supervisors will conduct regular reviews of ongoing cases to assess progress/identify any barriers to progress providing further direction and guidance to case officers through scheduled supervisions.

6.11 LASBT managers/supervisors conducting reviews of cases will check that;

Service standards have been/are being adhered to, and vulnerability matrices have been completed.

All actions arising during the course of the case investigation are accurately recorded.

All avenues of investigation have been explored, with all witnesses contacted and any problem solving opportunities considered.

All documents, letters, statements and evidence have been scanned in attached to the case and all hard copy documents retained for future legal file creation.




All guidance and direction previously provided to the case officer has been actioned and cases are progressing in accordance with any planned timescales.

6.12 All LASBT staff will in addition be subject to regular supervision and appraisal in

accordance with their corporate HR policies. Supervisions will be conducted on a monthly basis whist appraisals will be carried out annually but reviewed every six months.

6.2 LASBT’s ‘Core’ Performance Team A centrally based ‘Core’ performance team is responsible for all LASBT performance

measurement and will collate regular quantitative and qualitative performance data at monthly and quarterly intervals, providing advice and guidance to senior managers in respect of any fluctuations in performance or any identified issues.

6.21 The ‘Core’ will ensure that all collated performance data is purposeful and adds value

to the work of LASBT in so far as senior managers and key partners can be fully informed of LASBT’s performance and are able to drive forward procedural improvements.

6.22 The performance ‘Core’ will also undertake regular auditing of ASB casework logged

within Caseworks to support operational managers and the overall performance management of the service.

6.23 Data relating to enquiries and cases logged within LASBT case management

systems will be extracted through tailored reports for performance measurement and management purposes.

6.24 Performance mechanisms used by the ‘Core’ will include:

Service delivery data collation

Benchmarking against LASBT KPI’s

Comparative analysis (Demographics, Intelligence etc.)

Qualitative dip sampling and case audits

Customer feedback collation and analysis

Research and desk studies 6.25 Identified best practice and lessons learnt from complaints, case reviews and/or other

organisations will be disseminated in a timely manner to ensure improvements happen in real time without unnecessary delays and any changes in procedure captured within this manual. Where issues are identified relating to individual staff or team performance, the performance ‘Core’ will inform line managers in order that staff can be supported through Personal Development Plans, and closely monitored for improvements.

6.26 All major news stories resulting from LASBT casework and initiatives in Leeds will be

processed through the Core performance team for further information and comment as appropriate




6.3 Customer Satisfaction Surveys and Service KPI’s Feedback from complainants/victims of ASB will be collated at 4 weeks and case closure to monitor satisfaction against LASBT Key Performance Indicators.

6.31 Victims will be contacted within 10 working days of their case closing to participate in

a Closed Case Customer Satisfaction Survey. 6.32 Where the victim cannot be contacted, a postal survey will be sent out 2 weeks from

the date of case closure. Surveys will directly correspond to agreed Key Performance Indicators outlined below;

% of victims satisfied with promptness of initial response

% of victims satisfied with investigation undertaken

% of victims satisfied that their needs were considered and appropriate support provided.

% of victims satisfied that they were consulted and able to influence key decisions taken during the investigation.

% of victims satisfied that they were regularly kept informed

% of victims satisfied with the case outcome.

7.0 ASB Procedures Review 7.1 This document will be reviewed regularly to ensure it remains relevant and up to

date.

leeds anti-social behaviour team policy & procedures part ... procedures.pdf · definitions of...

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