Originated December 2004, reviewed August 2008
Leicester City Council is required by the Housing Act 1996 (as amended by the Anti-Social behaviour Act 2003, Section 12) to publish a Statement of Policy and Procedures in relation to anti-social behaviour.
The Statement must be made available to any member of the public for inspection when requested within a reasonable time. There will be a charge covering the cost of producing the Statement should a member of the public wish to have a copy. If you wish to have a copy of the full statement please contact the Service Improvement Unit on 0116 229 4204 or via email email@example.com
In addition, a summary of the Statement is also published and is free of charge should any member of the public request a copy.
This document is the Summary of the Statement of Policy and Procedures and can be made available in the following languages.
It can also be made available in other formats on request.
Leicester City Council’s Adults and Housing department has developed a robust Anti-Social Behaviour (ASB) Policy and procedures that not only meets changes in legislation but also adopts best practice and government guidance, e.g. incorporating recommendations of the Government’s Respect Agenda.
As well as meeting legal obligations the ASB Policy and Procedures also help towards fulfilling the Council’s obligations under the Leicester Partnership Against Crime and Disorder and comply with wider corporate aims and strategies such as the Community Cohesion Strategy and the Corporate Plan.
The Adults and Housing department also operates a number of protocols with partner agencies, which enables us to improve our approach to tackling anti-social behaviour.
What is anti-social behaviour?
Anti-social behaviour is behaviour that is capable of causing nuisance and annoyance to any person. Both the Housing Act 1996 and the Crime and Disorder Act 1998 have specific definitions that the Council has adopted and which cover criminal and non-criminal activities/behaviour. We do not distinguish between the two and will take action against anti-social behaviour if it affects our tenants or our function as a landlord.
Types of anti-social behaviour
There are different types of anti-social behaviour such as:
- General ASB – this includes examples such as noise nuisance, vandalism, rubbish dumping, drug use or dealing. These are just a few of many common examples.
- Racial and other types of harassment – these fall under the definition of ASB but due to their nature the Adults and Housing department deals with them under a separate set of policies and procedures.
- Domestic violence – Again, this falls under the definition of ASB but due to its very specific nature operates under a separate policy and procedures.
Our approach to anti-social behaviour
Our approach in dealing with ASB encompasses all aspects from prevention to rehabilitation and we will protect and support victims and witnesses. Where necessary, we will also refer alleged perpetrators to support agencies.
As each case of ASB is unique so is the way in which we handle each complaint, and our actions will depend upon the nature and severity of each incident.
We will ensure we do not discriminate on the grounds of disability.
Tenants of Leicester City Council should behave in a manner that does not cause harassment, alarm or distress to their neighbours and the wider community. The obligations of our tenants in relation to acceptable and unacceptable forms of behaviour are clearly outlined in the booklet ‘Conditions of Tenancy for Council Tenants’. There are specific clauses relating to ASB on pages 21 – 26 of the booklet.
We may also take action under the Housing Act 1985.
The Adults and Housing department currently operates an Introductory Tenancy regime and we therefore have both Secure and Introductory tenants. Their obligations are the same but the way in which we may take legal action against alleged perpetrators is different.
Supporting victims, witnesses and alleged perpetrators
We will support victims and witnesses of ASB in a number of ways by:
- taking all complaints of ASB seriously
- keeping complainants informed throughout the process
- protecting confidentiality
- referral to specialist support agencies
- improving safety measures
- using professional witnesses where necessary
- using surveillance equipment where necessary
We will consider whether the alleged perpetrators’ ASB is as a result of mental health or disability issues and, where appropriate, ensure we comply with the Disability Discrimination Act 1995.
We will support and rehabilitate alleged perpetrators where we have identified and considered a need for referral to relevant support agencies.
Resolving cases of anti-social behaviour
We will use all available tools, both legal and non-legal, and work in partnership with other agencies to resolve cases of ASB.
With more persistent and severe cases of ASB we will work with the Leicester Anti-Social Behaviour Unit (LASBU) up to and including legal action.
Data protection and information exchange
Leicester City Council has a Data Protection Policy to protect data relating to individuals and the Adults and Housing department complies with this.
Exchanges of information will be governed by clearly laid out protocols that will fully comply with the Data Protection Act and the Crime and Disorder Act.
Anti-social behaviour procedures
Complaints should be made by telephone to the Tenants’ Advice Centre (0116 252 7007), or to the complainant’s local Neighbourhood Housing Office in person or in writing.
Complaints of ASB will be acknowledged and assigned to a specific officer who will undertake checks for any previous ASB reports.
The complainant will then be interviewed and a decision made whether to continue or close the case. If the decision is to close the case due to insufficient evidence the complainant will be notified in writing.
If there is some evidence to warrant the investigation being continued:
- Witnesses and alleged perpetrators will be interviewed and a decision made based on the evidence and outcome of the interviews. If the decision is to close the case due to insufficient evidence the complainant and the alleged perpetrator will be notified in writing.
- If all the evidence supports the ASB allegation a warning letter will be issued to the alleged perpetrator for low level breach of tenancy conditions and the case will be monitored. A further warning letter will be issued for a subsequent breach of tenancy conditions and referral to the Leicester Anti-Social Behaviour Unit (LASBU) for any further breach. LASBU will then pursue the most appropriate form of action, which may be legal or non-legal depending on each case.
- If the breach of tenancy conditions is serious the case may be referred to LASBU without warning letters being served.
- Once the outcome of the case is complete the Neighbourhood Housing Office will write to the complainant, closing the case fully. The case may be re-opened if there are further incidents within a reasonable time of case closure.
- If a complainant or alleged perpetrator is unhappy with the service received throughout the investigation they may discuss this with the Neighbourhood Housing Office and / or refer to the City Council’s Corporate Complaints Procedure.
The service we provide in relation to ASB is regularly monitored through the Leicestershire Crime and Disorder Partnership and through auditing completed cases of ASB.
Support agencies telephone numbers
Arson Task Force - 0116 229 2119
Braunstone Community Association (BCA) - 0116 170 6940
Crime and Disorder Reduction Partnership - 0116 252 8567
Domestic Violence Integrated Response Project (DVIRP) - 0116 255 0004
Gypsy and Travellers Liaison Officers - 0116 252 6396
Junior Youth Inclusion Programme, Beaumont Leys - 0116 235 5135
Junior Youth Inclusion Programme, Saffron - 0116 383 1765
Junior Youth Inclusion Programme, New Parks - 0116 287 9017
Lesbian, Gay and Bi-Sexual Helpline - 0116 254 7421
Leicester New Start Families Project - 0116 255 1916
Leicester and Leicestershire Racial Equality Council - 0116 299 9800
Leicestershire Crimestoppers - 0800 555 111
Refugee Action - 0116 261 6200
Refugee and Asylum Seeker Project - 0116 299 9807
Shelter - 0116 252 6064
STAR tenancy support - 0116 299 5615
SureStart, Beaumont Leys - 0116 295 4586
SureStart, Braunstone - 0116 255 0525
SureStart, New Parks - 0116 231 4418
SureStart, Northfields - 0116 292 4580
SureStart, Saffron - 0116 283 8704
SureStart, St Matthews - 0116 242 6370
Victim Support - 0116 253 0101
Women’s Aid - 0116 242 6440
Youth Offending Service (YOS) - 0116 299 5830