Dealing with Anti-Social Behaviour for Council Tenants

Tackling Anti-Social Behaviour and NuisanceThe Council recognises the importance that our tenants place on the ability to live peacefully in their homes. Anti-social behaviour and neighbour nuisance include a broad range of disruptive behaviour. Different types of anti-social behaviour and neighbour nuisance are listed below. It is important to stress that this list is not exhaustive, and anti-social behaviour should be measured by the effect that that act or behaviour has on others.

• Using or threatening to use violence
• The use of abusive and/or insulting words
• Damage or the threat of damage to another person's possessions or belongings
• The playing of loud music whether at what is accepted as social or unsociable hours
• Disturbance late at night, visits and noise
• Graffiti, whether on personal or Council owned property
• Neighbour dispute, arguing and excessive noise
• Racist behaviour and/or language
• Drug use, abuse or the selling of drugs
• Domestic Violence
• Prostitution - soliciting
• Kerb Crawling

Every tenant has the right to live peacefully with their families in their homes.

It is also the objective of the Council to place the emphasis on prevention of anti-social behaviour to create a safer environment and neighbourhood for tenants to reside in.

If anti-social behaviour occurs, the Council will endeavour to take prompt and effective action which will include:

• The investigation of all allegations of ASB
• Establishing clear guidelines and procedures for staff to follow to ensure that the correct action is identified

• Endeavour to meet and sign up to the Respect Agenda published by the Department of Communities and Local Government.

The Housing Division defines nuisance as behaviour which is likely to cause danger, annoyance or disturbance to other tenants, Council employees or any of its contractors.

It is applicable to Council customers,visitors to the dwelling or any other occupants who are not listed on the tenancy, who are guilty of any of the above.

Council tenants are responsible not only for their own action, but also for those of their families and visitors.

Nuisance is a breach ot the Tenancy Agreement which all Council tenants sign before they are handed a tenancy with North West Leicestershire District Council.Comprehensive nuisance conditions are included in the agreement as well as having a specific ground for Possession attached to it under the Housing Act 1985.

How to deal with anti-social behaviour or nuisance (PDF Document, 0.1 Mb)

What is an Acceptable Behaviour Contract (ABC)

An Acceptable Behaviour Contract (also known as Acceptable Behaviour Agreement) is an intervention designed to engage an individual in acknowledging his or her anti-social behaviour and its effect on others, with the aim of stopping that behaviour.

An Acceptable Behaviour Contract (ABC) is a written agreement made between a person who has been involved in anti-social behaviour and their local authority, Youth Inclusion Support Panel (YISP), landlord or the police. ABCs are not set out in law, which is why they are usually called Agreements. Any agency is able to use and adapt the model.

Although ABCs have often been made with young people, they are a tool that can be used for a person of any age. The informal, flexible nature of the Contract means they can be used for various types of anti-social behaviour.

ABCs can be used to promote effective partnership work with a range of agencies. For example, it is important that the Youth Offending Team is contacted and becomes involved when completing an ABC with a young person.

What are the contents of an Acceptable Behaviour Contract (ABC)?

An acceptable contract or agreement is completely flexible and can be adapted for the particular local need. It can include conditions that the parties agree to keep. It may also contain the agreed consequences of a breach of the agreement.

The individual may agree to:

• stop specific behaviour that has been causing disruption to the community
• positive requirements such as engaging in a community group, attending school regularly or attending a local youth diversion scheme.

The agency may also agree to provide support that will help the individual to keep to the terms of the Contract. It may also refer the person to agencies that are able to provide further intervention or support. Involving the individual in drawing up the Contract may help them to recognise the impact of their behaviour and take responsibility for their actions.

It is important that both parties sign and receive a copy of the Contract so that there is no doubt about what has been agreed. In the case of a child or young person, parents or guardians should be encouraged to attend the interview to agree the contract. Acceptable behaviour contracts and agreements usually last for about 6 months, but can be renewed by agreement between both parties.

Monitoring and taking action against a breach of a Acceptable Behaviour Contract (ABC)

Successful intervention through voluntary routes depends on the agencies involved giving very clear messages about the consequences of continuing with the anti-social behaviour.The threat of legal action provides an incentive to ensure adherence to the contract. The consequences for non compliance should be outlined in the contract.

In order for any agreement or contract to be taken seriously, it is essential that any breach is followed up with further action. This will normally begin with a meeting to discuss the breach and further steps, including more formal enforcement action. Actions following a breach should reflect those consequences spelt out when the contract was signed. If these consequences are not actioned when socially unacceptable behaviour continues, trust and respect between the perpetrator and the agency creating the contract will break down.

Where an ABC has been unsuccessful it may be necessary to obtain an anti-social behaviour order (ASBO) or other court action to ensure that the behaviour stops. ABCs are not legally binding, but can be cited in court as evidence in ASBO applications or in eviction or possession proceedings.

There does not have to have been an ABC in place before an ASBO application is made. There will be cases where an immediate ASBO application is the more appropriate intervention.