Anti-social behaviour
- what can I do?
If you need this in large print, on
tape or in
Polski
%
01582 45 16 09
Useful numbers
Luton Police or 999 in an emergency
Tenancy Management Luton Mediation Victim Support Luton Law Centre Citizen’s Advice 40 12 12
75
41
72
48
73
54
18
37
10
16
00
22
79
00
16
170Sept09
Designed by Luton Borough Council. Printed Sep 2009. NMD 4342
SOCIAL BEHAVIOURWorking
UNIT
www.luton.gov.uk
in partnership
Anti-social behaviour – a self help guide
Introduction
This self-help guide by Luton Borough Council and its partners is
aimed at residents in Luton who are affected and disturbed by antisocial behaviour. It is not intended as a complete guide to what
action you or the agencies can take in all circumstances.
Who else can help?
As there are many different types of anti-social
behaviour, this part of the booklet gives the
contact numbers for different departments that
deal with specific types of anti-social behaviour:
abandoned vehicles
54 68 96
bonfires
51 03 30
However, it does give a broad outline on how anti-social behaviour
can be dealt with.
community safety team 55 66 29
tenancy enforcement team 54 72 78
Nuisance and anti-social behaviour receives a lot of media attention.
However, it is only a minority of residents who cause a nuisance,
and only a relatively small number of people whose lives are
unacceptably affected by it.
tenancy management team 74 54 00
fly tipping 54 66 33
Luton Borough Council 54 60 00
noise 51 03 30
pest control 51 03 30
planning
54 63 17
problems with dogs 54 66 13
problems in parks 54 67 32
rubbish
54 66 33
The Council is committed to
tackling anti-social behaviour
and nuisance, and has a
strategy for dealing
with it.
We work in partnership
with other agencies
to tackle anti-social
behaviour and
minimise the potential
for further problems.
street cleaning 51 03 33
street lighting 55 66 33
underage sales 54 66 74
More useful numbers overleaf
2
15
What happens next if you are a Housing Association
tenant?
Registered Social Landlords have a responsibility to deal with
complaints of anti-social behaviour from and against their tenants
and have been given powers to tackle many problems. If you are a
tenant of a RSL or the person you believe to be responsible for the
anti-social behaviour is their tenant, you should contact the RSL
directly.
If you find this approach difficult, contact the Council for advice.
What is nuisance and anti-social behaviour?
Nuisance means different things to different people. Everyone has
different tolerance levels, values and their own way of doing things.
The age of local residents can determine what is seen as nuisance
behaviour.
In an area of elderly people’s bungalows, a game of football on a
green by a group of youths could be seen as disruptive. However, in
an area of family housing where there are children playing on bikes,
scooters and skateboards, it is possible that no one will even notice
a football game going on.
Examples of nuisance and anti-social behaviour:
• noise
• intimidation, shouting and swearing
• problems with cars for example revving up engines and
abandoned vehicles
• pets and other animals
• untidy gardens and rubbish accumulation
• children and young persons misbehaving
• using and selling drugs
• verbal and physical threats and attacks.
This is not an exhaustive list but they are the most reported types
of anti-social behaviour. What is clear is that most of the issues are
common in every day life. Sometimes we are all a little too noisy,
or less than considerate to our neighbours. However, when the
anti-social behaviour is long term, persistent and other people’s
enjoyment of the community is affected, further action to resolve the
problem may be necessary.
14
3
What can I do if I am experiencing anti-social
behaviour?
If the problem is not too serious,
consider speaking to the person
involved. Often the best way to sort out a
problem is by talking.
Try to see each other’s point of view.
It may be that the person does not
realise they are causing a problem
because there is a difference in lifestyle
and routines. For example, coming
and going in the night might mean that
they are shift workers, or a garden full
of rubbish may suggest they are not
physically able to tidy up the
garden or to make repairs.
Speaking face to face is better than
shouting or writing letters because the
person may become defensive. A resolution achieved by negotiation
and agreement will often be quicker and more effective than one
imposed by a third party.
Before any meeting:
• think about what you want to say
• be clear about the problem and how it affects you
• do not stray away from the main problem
• think of what you are trying to achieve
• try to choose a good moment
• talk through the issue with a friend or neighbour first.
4
What happens next if you live in private housing?
The community safety team addresses issues of anti-social
behaviour in private housing together with the police.
It is important that incidents of anti-social behaviour are reported to
the police so that they can respond to them.
First steps
When the community safety team receives
a complaint of anti-social behaviour, an officer will:
1.Take full details of the incidents together with the identities of
the offenders.
2.Issue the complainant with a nuisance pack, containing
information leaflets and a diary that the complainant should fill in when further incidents occur.
3.Liaise with the neighbourhood policing team so they can respond to the incidents and help to find the offenders.
The officer dealing with the case will gather all the information
together and make an assessment of the best way to resolve the
problems. This may include:
• mediation
• acceptable behaviour contracts
• parental control agreement
• engaging with those responsible through diversionary activities
• criminal proceedings (taken by the police)
• legal proceedings – taken by the Community Safety Team which could be an anti social behaviour order or an injunction.
13
First steps
Useful tips for any meeting:
When the Council receives a complaint, a senior housing officer
will construct a clear picture of the problem by talking to both the
complainant and the perpetrator. Confidentiality of the complainant
will be maintained where possible, although the nature of the
complaint may sometimes identify where it has come from. If it is
agreed that a nuisance is being caused, an action plan will be
drawn up. This may include requesting you to complete a diary
book. These diary books are an important part of the process as
they help to build up a picture of what is/was going on, and can be
used as evidence against the person/s causing the problem.
• stay calm and friendly - being aggressive will not help
• explain the problem, how it affects you and how it makes
you feel
• listen to the other person’s point of view
• do not interrupt when they are talking and think about what they are saying
• try not to shout even if the other person does, stay in control and do not become abusive
• be tolerant
• if the other person becomes unreasonable, leave the discussion.
The officer dealing with the case will gather all the information
together and make an assessment of the best way to resolve the
problems.
This may include:
•
mediation
•
acceptable behaviour contracts
•
parental control agreement
•
Anti-Social Behaviour Order
•
legal proceedings:
- notice seeking possession
- demotion
- possession orders
- eviction
- criminal proceedings
- injunction.
12
If you feel that you really cannot approach the person directly then
you might feel more comfortable writing a letter. But take care not to
make the situation worse.
If you feel at physical risk
If you are concerned that your neighbour, their partner or their
visitors are volatile and could use violence if you approach them then don’t. Contact your senior housing officer if you are a council
tenant, or the community safety team if you are not, and outline what
has happened (see useful numbers section).
If you are physically assaulted
Assault is a criminal offence and should always be reported to the
police on 40 12 12 or 999 in an emergency. They will investigate it in
line with their own procedures. Other agencies may also be able to
take some action but assault should always be reported to the police
as a first step.
5
Mediation
If you find that a direct personal approach doesn’t work (or you don’t
think that it will), the next step is to try mediation. Mediation is a way
of sorting out neighbourhood and community disagreements where
a mediator helps the people in dispute to find their own solution to
the problem.
Mediation takes a common-sense approach to helping people solve
their problems by:
• giving the people a chance to step back and think about how they could put the situation right
• allowing people to come up with their own practical solutions to
help everyone involved
• allowing people to rebuild relationships as they work together to find an agreement.
Mediation is different to the legal process which is often about
finding out who is guilty.
Luton Mediation is a free service to all Luton residents.
Trained mediators use their skills to settle a variety of situations.
Mediation is a very good way of stopping the situation from
becoming worse. It is best to start the mediation process as soon
as possible after the disagreement starts rather than leaving the
situation and hoping it will get better on its own.
For more information about mediation, see useful numbers section.
6
These teams also work closely together to:
• identify areas requiring increased police patrols
• gather evidence against offenders
• make applications for Anti-Social Behaviour Orders on conviction
• support witnesses and members of the public.
What happens next if you are a council tenant?
The Council has a responsibility to address complaints of antisocial behaviour involving tenants and it has powers to tackle the
problems. If you are a tenant of the Council, or the person you
believe to be responsible for the anti-social behaviour is a tenant,
contact the housing department.
It is a condition of the Council’s
tenancy agreement not to
cause nuisance or annoyance
to others. Tenants are
responsible for their
own behaviour and for
the behaviour of every
person living in or visiting
their home. Their tenancy
may be at risk if they are
found to be responsible
for anti-social behaviour.
If a tenant is evicted for
anti-social behaviour, it
is possible they will not be
considered for inclusion on the
Council’s waiting list.
11
Getting the police involved
How can I avoid causing anti-social behaviour?
If the anti-social behaviour is of a criminal nature, such as property
being damaged or vehicles being driven dangerously, it should
be reported to the police. The 24-hour non-emergency telephone
number is 40 12 12. For serious incidents when lives are at risk or
when the perpetrators are still at the scene, call 999 immediately.
The best thing to do is avoid action that might cause a nuisance
to others.
Once you have reported the problem you may be contacted for
further information. This may be by telephone or personal visit.
The officer (who may be from your local Safer Neighbourhood Team
or a Police Community Support Officer) will then be able to advise
you of appropriate further action; this may include:
• making a record of your complaint with a view to taking further action against the offenders
• recording your complaint and advising the perpetrator of the consequences of their actions and the impact it is having
• arresting the perpetrators and taking them to court if there is enough evidence.
You may be asked to give a witness statement and attend court
to give evidence if necessary. You will receive advice and witness
support if you have to attend court.
The Tenancy Enforcement Team and The Community Safety Team
work closely with the police, particularly the Safer Neighbourhood
Teams who have a number of Police Officers and Police Community
Support Officers who are dedicated community officers.
10
For example:
• do not carry out loud work at night
• talk to your neighbours if you intend to have a party
• do not play music, audio equipment or the TV too loudly, especially at night
• keep your pets under control
• know where your children are playing, who is supervising them and what they are doing
• talk to your children and visitors if their behaviour is likely to cause nuisance or harassment to others
• dispose of your rubbish and unwanted items in the right way
• be considerate and ensure you behave as you would wish others to behave towards you and your family.
If you find yourself accused of anti-social behaviour,
think about whether you are responsible for the
distress being caused to the complainant. You may
be unaware your behaviour is causing a problem,
and that there may be an easy way to solve the
problem such as closing your windows when
playing music or keeping the noise down at night
when most people are trying to sleep.
7
It is generally better if
problems are discussed and
a solution is found before
both parties get too annoyed.
If you feel you have been
accused unfairly and are not
able to sort the problem out
with the complainant,
consider mediation.
If things don’t improve?
If you feel things are not improving, collect evidence of the problem.
You will need to do this whether you decide to take action yourself
or, if it is appropriate, for the Council, community safety team or the
police to act on your behalf. These agencies have diary books in
which you note the dates, times and the nature of the incidents. You
can also take photographs of damage, car repairs etc. If you know
other people are bothered by the problem you could ask them to
keep records too.
Closed Circuit Television (CCTV) should only be used within the
boundaries of your property. Using CCTV to cover a wider area
needs advice from a solicitor.
In some cases, the problem may affect several local residents. This
type of problem will require residents to stand up together to tackle
them. This is especially so when anti-social behaviour leads to an
increased fear of crime.
8
A case cannot be taken to court unless evidence is provided.
While residents feel anxious about giving evidence due to fear of
reprisals or concerns at going to court, the courts have powers
to punish those responsible for witness intimidation. In the most
serious cases, legal action can be taken to protect witnesses.
It is important to appreciate that without evidence, individual
agencies cannot present a case to court.
Personal legal action
It is possible for you to take a case to court yourself. But you will
need to be sure you can show there is a nuisance of some kind.
You can take legal action yourself through the Magistrates Court
under Section 82 of the Environmental Protection Act. You may not
need a solicitor and it may not be too expensive. You must prove to
the Magistrate that your problem amounts to a nuisance.
If you want to follow this route, you need independent legal advice
from the Luton Law Centre, Citizen’s Advice Bureau or a solicitor
(see back page for details).
This course of action may
be particularly useful if the
problem does not fall within
the powers of the antisocial behaviour legislation.
This could include disputes
between neighbours, parking
issues or boundary disputes.
9
It is generally better if
problems are discussed and
a solution is found before
both parties get too annoyed.
If you feel you have been
accused unfairly and are not
able to sort the problem out
with the complainant,
consider mediation.
If things don’t improve?
If you feel things are not improving, collect evidence of the problem.
You will need to do this whether you decide to take action yourself
or, if it is appropriate, for the Council, community safety team or the
police to act on your behalf. These agencies have diary books in
which you note the dates, times and the nature of the incidents. You
can also take photographs of damage, car repairs etc. If you know
other people are bothered by the problem you could ask them to
keep records too.
Closed Circuit Television (CCTV) should only be used within the
boundaries of your property. Using CCTV to cover a wider area
needs advice from a solicitor.
In some cases, the problem may affect several local residents. This
type of problem will require residents to stand up together to tackle
them. This is especially so when anti-social behaviour leads to an
increased fear of crime.
8
A case cannot be taken to court unless evidence is provided.
While residents feel anxious about giving evidence due to fear of
reprisals or concerns at going to court, the courts have powers
to punish those responsible for witness intimidation. In the most
serious cases, legal action can be taken to protect witnesses.
It is important to appreciate that without evidence, individual
agencies cannot present a case to court.
Personal legal action
It is possible for you to take a case to court yourself. But you will
need to be sure you can show there is a nuisance of some kind.
You can take legal action yourself through the Magistrates Court
under Section 82 of the Environmental Protection Act. You may not
need a solicitor and it may not be too expensive. You must prove to
the Magistrate that your problem amounts to a nuisance.
If you want to follow this route, you need independent legal advice
from the Luton Law Centre, Citizen’s Advice Bureau or a solicitor
(see back page for details).
This course of action may
be particularly useful if the
problem does not fall within
the powers of the antisocial behaviour legislation.
This could include disputes
between neighbours, parking
issues or boundary disputes.
9
Getting the police involved
How can I avoid causing anti-social behaviour?
If the anti-social behaviour is of a criminal nature, such as property
being damaged or vehicles being driven dangerously, it should
be reported to the police. The 24-hour non-emergency telephone
number is 40 12 12. For serious incidents when lives are at risk or
when the perpetrators are still at the scene, call 999 immediately.
The best thing to do is avoid action that might cause a nuisance
to others.
Once you have reported the problem you may be contacted for
further information. This may be by telephone or personal visit.
The officer (who may be from your local Safer Neighbourhood Team
or a Police Community Support Officer) will then be able to advise
you of appropriate further action; this may include:
• making a record of your complaint with a view to taking further action against the offenders
• recording your complaint and advising the perpetrator of the consequences of their actions and the impact it is having
• arresting the perpetrators and taking them to court if there is enough evidence.
You may be asked to give a witness statement and attend court
to give evidence if necessary. You will receive advice and witness
support if you have to attend court.
The Tenancy Enforcement Team and The Community Safety Team
work closely with the police, particularly the Safer Neighbourhood
Teams who have a number of Police Officers and Police Community
Support Officers who are dedicated community officers.
10
For example:
• do not carry out loud work at night
• talk to your neighbours if you intend to have a party
• do not play music, audio equipment or the TV too loudly, especially at night
• keep your pets under control
• know where your children are playing, who is supervising them and what they are doing
• talk to your children and visitors if their behaviour is likely to cause nuisance or harassment to others
• dispose of your rubbish and unwanted items in the right way
• be considerate and ensure you behave as you would wish others to behave towards you and your family.
If you find yourself accused of anti-social behaviour,
think about whether you are responsible for the
distress being caused to the complainant. You may
be unaware your behaviour is causing a problem,
and that there may be an easy way to solve the
problem such as closing your windows when
playing music or keeping the noise down at night
when most people are trying to sleep.
7
Mediation
If you find that a direct personal approach doesn’t work (or you don’t
think that it will), the next step is to try mediation. Mediation is a way
of sorting out neighbourhood and community disagreements where
a mediator helps the people in dispute to find their own solution to
the problem.
Mediation takes a common-sense approach to helping people solve
their problems by:
• giving the people a chance to step back and think about how they could put the situation right
• allowing people to come up with their own practical solutions to
help everyone involved
• allowing people to rebuild relationships as they work together to find an agreement.
Mediation is different to the legal process which is often about
finding out who is guilty.
Luton Mediation is a free service to all Luton residents.
Trained mediators use their skills to settle a variety of situations.
Mediation is a very good way of stopping the situation from
becoming worse. It is best to start the mediation process as soon
as possible after the disagreement starts rather than leaving the
situation and hoping it will get better on its own.
For more information about mediation, see useful numbers section.
6
These teams also work closely together to:
• identify areas requiring increased police patrols
• gather evidence against offenders
• make applications for Anti-Social Behaviour Orders on conviction
• support witnesses and members of the public.
What happens next if you are a council tenant?
The Council has a responsibility to address complaints of antisocial behaviour involving tenants and it has powers to tackle the
problems. If you are a tenant of the Council, or the person you
believe to be responsible for the anti-social behaviour is a tenant,
contact the housing department.
It is a condition of the Council’s
tenancy agreement not to
cause nuisance or annoyance
to others. Tenants are
responsible for their
own behaviour and for
the behaviour of every
person living in or visiting
their home. Their tenancy
may be at risk if they are
found to be responsible
for anti-social behaviour.
If a tenant is evicted for
anti-social behaviour, it
is possible they will not be
considered for inclusion on the
Council’s waiting list.
11
First steps
Useful tips for any meeting:
When the Council receives a complaint, a senior housing officer
will construct a clear picture of the problem by talking to both the
complainant and the perpetrator. Confidentiality of the complainant
will be maintained where possible, although the nature of the
complaint may sometimes identify where it has come from. If it is
agreed that a nuisance is being caused, an action plan will be
drawn up. This may include requesting you to complete a diary
book. These diary books are an important part of the process as
they help to build up a picture of what is/was going on, and can be
used as evidence against the person/s causing the problem.
• stay calm and friendly - being aggressive will not help
• explain the problem, how it affects you and how it makes
you feel
• listen to the other person’s point of view
• do not interrupt when they are talking and think about what they are saying
• try not to shout even if the other person does, stay in control and do not become abusive
• be tolerant
• if the other person becomes unreasonable, leave the discussion.
The officer dealing with the case will gather all the information
together and make an assessment of the best way to resolve the
problems.
This may include:
•
mediation
•
acceptable behaviour contracts
•
parental control agreement
•
Anti-Social Behaviour Order
•
legal proceedings:
- notice seeking possession
- demotion
- possession orders
- eviction
- criminal proceedings
- injunction.
12
If you feel that you really cannot approach the person directly then
you might feel more comfortable writing a letter. But take care not to
make the situation worse.
If you feel at physical risk
If you are concerned that your neighbour, their partner or their
visitors are volatile and could use violence if you approach them then don’t. Contact your senior housing officer if you are a council
tenant, or the community safety team if you are not, and outline what
has happened (see useful numbers section).
If you are physically assaulted
Assault is a criminal offence and should always be reported to the
police on 40 12 12 or 999 in an emergency. They will investigate it in
line with their own procedures. Other agencies may also be able to
take some action but assault should always be reported to the police
as a first step.
5
What can I do if I am experiencing anti-social
behaviour?
If the problem is not too serious,
consider speaking to the person
involved. Often the best way to sort out a
problem is by talking.
Try to see each other’s point of view.
It may be that the person does not
realise they are causing a problem
because there is a difference in lifestyle
and routines. For example, coming
and going in the night might mean that
they are shift workers, or a garden full
of rubbish may suggest they are not
physically able to tidy up the
garden or to make repairs.
Speaking face to face is better than
shouting or writing letters because the
person may become defensive. A resolution achieved by negotiation
and agreement will often be quicker and more effective than one
imposed by a third party.
Before any meeting:
• think about what you want to say
• be clear about the problem and how it affects you
• do not stray away from the main problem
• think of what you are trying to achieve
• try to choose a good moment
• talk through the issue with a friend or neighbour first.
4
What happens next if you live in private housing?
The community safety team addresses issues of anti-social
behaviour in private housing together with the police.
It is important that incidents of anti-social behaviour are reported to
the police so that they can respond to them.
First steps
When the community safety team receives
a complaint of anti-social behaviour, an officer will:
1.Take full details of the incidents together with the identities of
the offenders.
2.Issue the complainant with a nuisance pack, containing
information leaflets and a diary that the complainant should fill in when further incidents occur.
3.Liaise with the neighbourhood policing team so they can respond to the incidents and help to find the offenders.
The officer dealing with the case will gather all the information
together and make an assessment of the best way to resolve the
problems. This may include:
• mediation
• acceptable behaviour contracts
• parental control agreement
• engaging with those responsible through diversionary activities
• criminal proceedings (taken by the police)
• legal proceedings – taken by the Community Safety Team which could be an anti social behaviour order or an injunction.
13
What happens next if you are a Housing Association
tenant?
Registered Social Landlords have a responsibility to deal with
complaints of anti-social behaviour from and against their tenants
and have been given powers to tackle many problems. If you are a
tenant of a RSL or the person you believe to be responsible for the
anti-social behaviour is their tenant, you should contact the RSL
directly.
If you find this approach difficult, contact the Council for advice.
What is nuisance and anti-social behaviour?
Nuisance means different things to different people. Everyone has
different tolerance levels, values and their own way of doing things.
The age of local residents can determine what is seen as nuisance
behaviour.
In an area of elderly people’s bungalows, a game of football on a
green by a group of youths could be seen as disruptive. However, in
an area of family housing where there are children playing on bikes,
scooters and skateboards, it is possible that no one will even notice
a football game going on.
Examples of nuisance and anti-social behaviour:
• noise
• intimidation, shouting and swearing
• problems with cars for example revving up engines and
abandoned vehicles
• pets and other animals
• untidy gardens and rubbish accumulation
• children and young persons misbehaving
• using and selling drugs
• verbal and physical threats and attacks.
This is not an exhaustive list but they are the most reported types
of anti-social behaviour. What is clear is that most of the issues are
common in every day life. Sometimes we are all a little too noisy,
or less than considerate to our neighbours. However, when the
anti-social behaviour is long term, persistent and other people’s
enjoyment of the community is affected, further action to resolve the
problem may be necessary.
14
3
Anti-social behaviour – a self help guide
Introduction
This self-help guide by Luton Borough Council and its partners is
aimed at residents in Luton who are affected and disturbed by antisocial behaviour. It is not intended as a complete guide to what
action you or the agencies can take in all circumstances.
Who else can help?
As there are many different types of anti-social
behaviour, this part of the booklet gives the
contact numbers for different departments that
deal with specific types of anti-social behaviour:
abandoned vehicles
54 68 96
bonfires
51 03 30
However, it does give a broad outline on how anti-social behaviour
can be dealt with.
community safety team 55 66 29
tenancy enforcement team 54 72 78
Nuisance and anti-social behaviour receives a lot of media attention.
However, it is only a minority of residents who cause a nuisance,
and only a relatively small number of people whose lives are
unacceptably affected by it.
tenancy management team 74 54 00
fly tipping 54 66 33
Luton Borough Council 54 60 00
noise 51 03 30
pest control 51 03 30
planning
54 63 17
problems with dogs 54 66 13
problems in parks 54 67 32
rubbish
54 66 33
The Council is committed to
tackling anti-social behaviour
and nuisance, and has a
strategy for dealing
with it.
We work in partnership
with other agencies
to tackle anti-social
behaviour and
minimise the potential
for further problems.
street cleaning 51 03 33
street lighting 55 66 33
underage sales 54 66 74
More useful numbers overleaf
2
15
Anti-social behaviour
- what can I do?
If you need this in large print, on
tape or in
Polski
%
01582 45 16 09
Useful numbers
Luton Police or 999 in an emergency
Tenancy Management Luton Mediation Victim Support Luton Law Centre Citizen’s Advice 40 12 12
75
41
72
48
73
54
18
37
10
16
00
22
79
00
16
170Sept09
Designed by Luton Borough Council. Printed Sep 2009. NMD 4342
SOCIAL BEHAVIOURWorking
UNIT
www.luton.gov.uk
in partnership