Barnsbury Housing Association

Reporting antisocial behaviour

We take antisocial behaviour seriously, or ASB as we call it for short.

You should all be able to live quietly in your home but also be considerate to and tolerant of others in your neighbourhood. You may live how you want so long as you stick to the conditions of your tenancy and do not spoil other people’s quality of life.

Note: we use ASB instead of antisocial behaviour throughout this section.

If we get a report of ASB we will listen to and treat everyone fairly and equally.

Where ASB can be proved we will respond appropriately.

We will consider legal action and pursue if the situation does not change.

This policy applies to every one of our tenants and their visitors.

What should you do?

You have a duty as our tenant to behave appropriately and respectfully to neighbours, to our staff and to our contractors.

You must avoid behaving in a way that might harm, distress, disturb or upset other people.

It is your responsibility to make sure your family, other household members and visitors are also respectful and considerate.

Pets should be cared for properly, any mess they leave promptly cleaned up and they must not be allowed or used to intimidate, distress or disturb other people.

Antisocial and criminal behaviour are a breach of your tenancy conditions so could result in court action and your being evicted from your home.

What happens when I report ASB?

When we get a report or complaint, we will step in and support you as needed.

We will also support the person causing the problem, by working with other services.

We are reasonable, keeping any action proportionate to the circumstances.

We will make it clear from the outset:

  • whether we can realistically investigate the problem you report
  • what action we can take
  • the likelihood of that working, and
  • how long it might take.

We will also make clear what you need to do to make our interventions, and those of any other agencies, effective.

You can download a copy of our leaflet on ASB or read our full antisocial behaviour policy here.

Our policy covers our approach to tackling and preventing ASB including what we need to do to comply with the Antisocial Behaviour, Crime and Policing Act 2014.

How do we define ASB?

ASB covers a range of nuisance and criminal behaviours that cause distress to others. The main test is the degree of impact it has on other people.

We are more likely to consider behaviour antisocial if it is:

  • frequent or persistent
  • intense or extreme.

We, the police and Islington Council all consider these factors when we decide how best to deal with ASB. In each case we consider how much suffering is being caused by, for example:

  • noisy and/or abusive behaviour
  • vandalism
  • graffiti
  • intimidation
  • public drunkenness
  • illegal drug use
  • excessively barking dogs
  • nuisance caused with a vehicle
  • misuse of shared areas.

What is not ASB?

In short, it is behaviour you might find annoying but which is not ASB, for example:

  • one-off parties or barbecues
  • infrequent and occasional noise or disturbances
  • children’s play
  • occasional dog barking
  • excessive noise from domestic appliances like a washing machine or vacuum cleaner
  • minor vehicle repairs
  • gossip
  • escalated disputes
  • cooking smells
  • babies crying

If you have a minor personal dispute with a neighbour we expect you to sort it out between yourselves. We will offer advice on how to do this safely.

Crime and emergencies

If a crime is being committed or there is an emergency situation call 999 at once.
This includes situations where there is a danger to life, use or the threat of physical violence or another crime being carried out close by.

Calls to 999 are only for emergency calls.

If you have evidence of a crime but the situation is not an emergency call 101 at any time, night or day.

Call 101 if you want to talk to your local police officer, get crime prevention advice, or report, for example, a stolen car, damage to your property, drug use or dealing, a minor traffic accident or information about a crime in your area.

You should also report to the police domestic violence or abuse, stalking, harassment and hate crime relating to any of the nine protected characteristics.

If you do not want to talk to the police you can report a situation anonymously to Crimestoppers on 0800 555 111.

How can we help with noise from neighbours?

Noise from neighbours is the cause of most ASB cases.

Sometimes people do not know they are causing a problem so it is worth speaking to them before you report it to us, but only if it is safe to do so.

All councils have specific powers to deal with noise pollution. Islington’s environmental health teams can investigate noise complaints. Its powers include issuing noise abatement orders or community protection notices.

If the person causing the noise does not stop it they could face further legal action. But sometimes all it takes is a visit by the environmental health team, and/or a warning letter, and the problem is solved.

Other issues you may face

We have other policies for dealing with domestic abuse, hate crime and tenancy breaches like fly-tipping, recognising that we need to take a different approach to these problems and any associated risks.

Please tell us if any of these are affecting you. We do take them very seriously.

Using other outside services

We tackle nuisance and ASB by working as partners. This can be with other tenants, local community groups, or council services and agencies including the police and health services.

Together we will agree a plan of action that makes best use of expertise and local knowledge.

Who do we share information with?

We act with discretion and sensitivity, only sharing information about the person making the complaint and the person complained about where necessary and appropriate.

We have protocols for sharing information with partner agencies. It is not shared with any other parties unless a crime has been committed or we have valid reasons to believe there is a safeguarding problem.

We make sure at all times data protection laws are followed and your safety is paramount.

Our standards

We comply with all relevant legislation and follow best practice at all times.

Regulation and laws relevant to our ASB policy are:

  • Antisocial Behaviour Crime and Policing Act 2014
  • Equality Act 2010
  • General Data Protection Regulation (GDPR) – Data Protection Act 2018
  • Regulatory Framework for Social Housing – Regulator of Social Housing

How quickly do we act on reports of ASB?

We make a judgment that takes into account the behaviour reported and whether you, one of your household or the person you are complaining about is, considered vulnerable.

We aim to resolve all cases at the earliest opportunity.

We will let you know how your case is progressing from the outset, with good, regular and up-to-date information.
Our action plan will include likely timescales and the outcomes we are seeking.

Our housing and communities director reviews all cases regularly to make sure we are following our policy and making good progress.

Will we try mediation?

If you and your neighbour are willing to agree to resolve a dispute by talking matters through our housing and communities manager will consider bringing in an independent mediator.

This mediator will meet with all parties in a safe place to find a way to resolve differences.

How do we gather evidence?

We will ask you to keep a record (diary sheet) of the ASB that is distressing or disturbing you. These are vital to our investigation and give us essential timelines and information relating to your case.

We will make sure these are used sensitively.

If you do not want to keep a record of the activity you have reported, we will continue our investigation as best we can with the information given.

How can we prevent ASB?

We regularly inspect our estates looking for signs of ASB in shared areas of your buildings. This also helps us identify improvements that might help ward off future problems.

For new tenants we make clear from the start of your tenancy your responsibilities, the behaviour we expect and what is not acceptable, and we identify any support needs.

We can reinforce these using a ‘Good Neighbour’ agreement. This is a signed agreement where your accept responsibility for your behaviour and agree a way forward.

When do we step in?

We aim to step into any potential ASB at an early stage to give advice and help and identify what, if any, support we can give you.

How we can help you?

  • If needed we will refer you to another agency.
  • We can interview the person you or others have complained about.
  • We may be able to get them to sign a Good Neighbour’ agreement.
  • We can ask them to sign an acceptable behaviour contract (ABC).
  • We will respond quickly to reports of environmental nuisance.
  • We can visit you at your home, with the police or other agencies.
  • We can ask the council to install noise monitoring equipment.We can arrange help from Victim Support.

Will we use enforcement?

If we have enough evidence of serious ASB we may:

  • use the court systems to evict a tenant by seeking a possession order
  • if the perpetrator is on a starter tenancy, extend the probationary period from 12 months to 18 months or end the tenancy through the courts
  • take out a civil injunction, with an order from the courts that they immediately stop the behaviour reported.

We use all powers available to us under the Antisocial Behaviour, Crime and Policing Act 2014. These include:

  • criminal behaviour orders issued by a criminal court against a person who is convicted of an offence and causing ASB
  • dispersal powers which let the police order a person causing harassment, alarm, or distress to leave a specific area for up to 48 hours
  • community protection notices which the council or the police can issue for a wide range of problems such as littering and noise nuisance
  • public space protection orders used by local councils to stop ‘persistent, unreasonable and/or detrimental’ behaviour or nuisance
  • closure orders putting a temporary court ban on occupying a property where serious nuisance, disorder, or criminal behaviour has happened.

What support is there for our most vulnerable tenants?

If you are especially vulnerable because, for example, disability, older age or poor mental health we can:

  • visit you at home
  • get you specialist support or refer you to a suitable agency able to give better support
  • improve security in and around your home
  • give advice and help if you want to move home.

What if the person causing the ASB is vulnerable?

Sometimes people causing ASB are vulnerable so getting them the right support might help stop their ASB.

We take this into account before starting any form of legal action.

We will take enforcement if the behaviour does not stop, or they refuse to engage with the support offered.

How do we safeguard children and vulnerable adults?

All our staff are trained in safeguarding and can draw on information that will help them respond appropriately.
Our safeguarding policy complies with regulations and the law.

When do we close a case?

If the problem is solved, if no further action can be taken or there are no more reports of ASB for a reasonable time we will seek to close the case. We will open it again if any new incidents are reported.

Why do we work in partnership ?

We cannot always act alone. If there is a wider problem in the area we have to partner up with other agencies.

Sometimes we need information from them or they may need it from us. This is particularly important if a person is deemed at high risk.

We have formal information-sharing protocols with Islington Council and the local police.

We take part in council-run multi-agency ASB forums and groups.

We work with local police Safer Neighbourhood teams to deal with some local problems.

We team up with London Fire Service where appropriate.

We may also work with other social landlords, and/or the council’s youth teams or social care teams.

What if I am not happy with your response?

If you have been subjected to persistent ASB and think our response to your reports has not been satisfactory you have the right to ask for a multi-agency review of your case, usually led by the council.

To qualify for an ASB case review (also sometimes called a community trigger) certain criteria have to be met.

If your request is accepted all agencies will consider the action taken so far and will to try to agree a solution. Agencies taking part are known as responsible bodies. We are a ‘responsible body’, so are local councils, the police, and NHS clinical commissioning groups (in England).

The review body (normally the council) must tell you how your case is progressing, including:

  • deciding whether the threshold is met for the review to go ahead
  • the result of the review and
  • any recommendations coming from the review.

Can I apply for an ASB case review?

You or someone acting for you with your permission (eg family, friend, local politician) can apply to the council for a case review.
Islington will look at things like:

  • the number of incidents reported and how often
  • how well our responses made a difference to the issues you have faced
  • the impact the ASB has had on you.

The review is likely to go ahead if you have made three qualifying reports within 30 days of the incidents in a six-month period. The number of reports you make matters, not the number of responses you have had.

How does this process work?
If the application meets the locally-set threshold, after reviewing what has already been done, the panel will decide if more action can and should have been taken.

You may be asked to attend the case review so the panel can better understand how the ASB has affected you.

Outcome of the review
You will be told what the panel decides. If they agree more action is needed you will also get timescales for when it has to be done.

If you are not satisfied with how the review was done or the decision, you can appeal.

Can I make a complaint about ASB ?

ASB is not a complaint. It is dealt with under a separate policy.

However if you are not happy with the way we have handled your case you can make a complaint to us. Click here to complain online and find out more about making a complaint.

You also have the right to go to the Housing Ombudsmen at any stage of your formal complaint.
What training do staff have?

All our housing staff get specialist training to give them the skills, knowledge and confidence to put into practice our policy for dealing with ASB.

How do you monitor on-going cases?

We monitor all cases of ASB for signs of further activity over a period of time. If we get any further information we will re-open the case and actively pursue information.

We report all cases to our board once a year along with information on tenant satisfaction with how we handled your reports.

Are tenants involved in reviewing the ASB policy?

We review this policy every three years or sooner if there have been any relevant changes to laws or regulations.

Any significant changes to this policy are also reviewed by the Resident Voice panel of tenants.

What is the equality impact of this policy?

We apply this policy fairly and consistently. We will not discriminate against any person on any grounds as set out in the Equality Act 2010.