Anti-social behaviour, or ASB as it is sometimes called, is behaviour that is capable of causing nuisance or annoyance to any person.

Antisocial behaviour can be shown in many ways, but may include the following:

• Physical violence or threats of violence by a tenant, their family or visitors to the home
• Domestic abuse committed by the tenant, their family or visitors to the home
• Harassment and intimidating behaviour including verbal abuse, hate crimes such as racial, homophobic, and sexist behaviour, in line with our Hate Crime Policy
• Convictions for serious criminal activity committed in the local area against neighbours or a staff member of Innisfree
• Substance misuse cultivating, dealing or usage of illegal substances in the property or local area
• Use of offensive weapons such as firearms, replica guns, or anything made or adapted to be used as a weapon
• Noise nuisance repeated and prolonged noise that is above lifestyle level, and that unreasonably interferes with others quiet enjoyment of their homes and neighbourhood
• Loitering or misuse of communal areas or public spaces, i.e. gathering in large groups that result in the harassment of tenants either through antisocial behaviour, or by creating an intimidating atmosphere
• Prostitution, sexual offences, or kerb crawling in the property or the local area
• Nuisance from vehicles e.g. joyriding, drag racing, loud music, excessive noise, and nuisance vehicle repairs from tenants, their family, or visitors to the local area
• Environmental antisocial behaviour such as fly-tipping, graffiti, overgrown gardens, and abandoned vehicles

Types of behaviour that will not be investigated as antisocial include:

• Noise from everyday living such as opening and closing of doors or using stairs
• Noise or disturbance from children playing or babies crying
• Smells from cooking
• Occasional social events in the home providing they do not cause a continuous disturbance
• Minor personal conflict such as ‘dirty looks’, personal dislikes, personal relationship breakdowns, or children falling out with each other
• Placing rubbish outside on the incorrect day for collection
• Parking in the wrong parking space or parking incorrectly
• Disagreement over the use of communal spaces

Innisfree Housing Association aims to stop or minimise anti-social behaviour in and around its properties. Where anti-social behaviour is reported by tenants or discovered by officers, we will take appropriate and effective action from the range of actions available. We want tenants to enjoy their homes without unreasonable interference from others.

Definition

S2 of the Anti-Social Behaviour, Crime & Policing Act 2014 states that “anti-social behaviour” means:

(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,

(b) conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or

(c) conduct capable of causing housing-related nuisance or annoyance to any person.

Approach

Innisfree Housing Association responds promptly to all reports of anti-social behaviour from tenants or other agencies. Staff follow the Anti-Social Behaviour procedure which takes into account recent relevant legislation such as the Anti-Social Behaviour, Crime & Policing Act 2014. We publish our policy with clear instructions for residents about how to report anti-social behaviour.

Reporting in a safe environment

We offer a supportive and safe environment for people who are suffering anti-social behaviour to report it. At the same time, staff are aware that there is likely to be a different account from the alleged perpetrator and will rely on evidence to make any decisions. We take into account tenants’ vulnerabilities in the decision making process and the action we take.

Promoting co-operation and communication

We promote co-operation and communication between tenants as this can solve anti-social behaviour whilst recognising that where there is serious anti-social behaviour, or the person reporting anti-social behaviour is particularly vulnerable, a conversation with a neighbour could be difficult.

Action orientated

Innisfree will take action to stop or minimise anti-social behaviour and we will use the most appropriate remedy depending on the facts and circumstances of the case. We are able to use a number of remedies as follows:

• we can enforce the terms of the tenancy agreement through Notice and possession proceedings
• the law provides remedies such as injunction or demotion of tenancy
• there are voluntary measures we can use such as mediation, Good Neighbour Agreements, and Acceptable Behaviour Contracts
• there may also be practical action that can be taken, for example, adding higher quality locks to doors, the use of anti-climb paint, and other items that can also be a deterrent

Where the anti-social behaviour ceases, we will cease enforcement action or use of other remedies.

All action Innisfree Housing Association takes will be proportionate to the anti-social behaviour it is seeking to address.

Starter tenancies

Innisfree Housing Association does use Starter Tenancies which makes taking possession of the property easier in the first 12 months of the tenancy.

Evidence based

Action taken will be based on accurate evidence which can be gathered by Innisfree staff, the tenant or other agencies. Tenants can complete diary sheets as contemporaneous evidence of anti-social behaviour. We can also take into account professional witness testimonies such as Police Officers or Social Services staff.

Partnership working

We regularly work in partnership with other agencies on cases such as the Police, Social Services, Community Safety Teams, GP’s and other health workers, support workers, Probation Service, and Irish specific groups across various sectors. We have nomination agreements with a number of local authorities and Irish organisations who we work with to let properties promptly and sensitively to prevent anti-social behaviour where possible.

Where there is evidence of serious and ongoing anti-social behaviour, Innisfree will work with partner organisations to support a transfer to a safer location.

Community Trigger

Innisfree work in partnership with local councils, Police and third party agencies to tackle antisocial behaviour in our homes.

If you have reported your concerns for antisocial behaviour 3 times in the last 6 months and feel that the response you have received has not been appropriate you can approach your local council to discuss a community trigger.

If triggered, the process will formally unite relevant agencies involved to review the steps taken to manage the antisocial behaviour, and make an action plan where appropriate.

Data protection and confidentiality

All case notes, case files, and personal information will be kept confidential in accordance with the Data Protection Act 2018. We will adhere to the Data Protection Act and comply with General Data Protection Regulation for Sharing Personal Information to ensure that we maintain confidentiality.

We reserve the right to make a referral to social services or to the police without the permission of the victim, where the situation and the provisions of the Data Protection Act 2018 (and any other relevant legislation) justify it.

Monitoring

We will monitor the level of anti-social behaviour in and around Innisfree properties and we will measure the number of cases that are opened and closed, and the type of actions taken to resolve anti-social behaviour.

Innisfree Housing Association will operate the Anti-Social Behaviour Policy and procedure within equalities legislation and in particular the Equalities Act 2010. We will measure satisfaction with the way we handle anti-social behaviour cases through surveys.

Learning & Development

We are committed to staff being well trained in the area of anti-social behaviour and up to date in terms of the law relating to anti-social behaviour.

Most ASB and neighbour disputes can be effectively resolved but we need your help to do this, so please be prepared to work in partnership with us. Please contact your Housing Officer for more information.