Neighbourhood nuisance

1. Statement of intent

1.1 This policy replaces previous policies 45. Nuisance, 75. Noise Nuisance, 09. Estate Security and 80. Racial Harassment.

1.2 Woking Borough Council ("the Council") is committed to tackling all forms of anti-social behaviour by its tenants, members of tenants' families and/or visitors to tenants' homes. The Council also wishes to protect its housing property from damage.

1.3 Anti-social behaviour is defined in accordance with the Crime and Disorder Act 1998 as behaviour by any person which causes, or is likely to cause; harassment, alarm or distress to one or more persons not of the same household as the perpetrator of the anti-social behaviour.

1.4 Harassment is defined as any incident which is perceived to derive from prejudice or hatred of the victim. This includes colour, race, nationality or sexual orientation. All cases of racial harassment will be treated in line with the Commission for Racial Equality's Code of Guidance for Rented Accomodation.

1.5 Section 12 of the Anti-Social Behaviour Act 2003 requires Local Authorities to publish a statement of their policies and procedures in relation to anti-social behaviour.

1.6 The Council will respond to incidents of anti-social behaviour perpetrated by Council tenants promptly. Its aim is to ensure an efficient and consistent approach in dealing with such incidents.

1.7 The Council will consider a number of remedies available to it to deal with anti-social behaviour including Anti-Social Behaviour Orders, Demoted Tenancies, Acceptable Behaviour Contracts, Injunctions, Possession Orders and Abatement Notices under the Environmental Protection Act 1990.

1.8 The Council receives many complaints of minor disputes or disturbances that are either uncorroborated or a minor breach of a tenancy condition, or both. In such cases the Council's action will be limited to encouraging neighbours to resolve minor disputes among themselves and/or referring them to other agencies if appropriate (e.g. the Mediation Service).

1.9 The Council wishes to implement both proactive and preventative measures, such as physical improvements to dwellings and communal areas, and measures designed to tackle crime where it cannot be prevented, such as supporting residents who give evidence when a breach of tenancy conditions has occurred.

1.10 Housing Services will actively take part in corporate initiatives to tackle anti-social behaviour including joint agency working with the police or others subject to the borough's Information Sharing protocol agreement.

1.11 Housing Services has signed up to the Respect Standard in Housing Management and is committed to working with tenants and in partnership with various Council services and other agencies to help promote sustainable communities

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2. Detail

2.1 The Council will take action on anti-social behaviour where any of the following apply:

(i) in the opinion of the Borough Secretary and Solicitor, the anti-social behaviour amounts to a sufficiently serious breach of the tenancy condition(s) so as to warrant appropriate legal action, and there is a reasonable chance that the legal action will succeed

(ii) the anti-social behaviour adversely affects the condition or appearance of the Council's property

(iii) the anti-social behaviour constitutes harassment on the grounds of race, colour, sexuality, religion or disability.

2.2 All complaints will be logged, monitored and investigated and only after this initial investigation will the best course of action be determined. Action taken will vary according to the individual circumstances of the case.

2.3 The final decision on whether the Council should proceed with legal action against an individual committing anti-social behaviour will rest with the Borough Solicitor.

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3. Support for witnesses

3.1 The Council will take steps to encourage residents to come forward with evidence about crime on Council estates. Support for residents may include:

(i) the provision of five lever mortice locks to witnesses' external doors

(ii) waiving the costs of damage caused to dwellings for which the tenant would normally be responsible

(iii) financial assistance will be offered in some cases to compensate tenants who are prepared to attend Court to provide evidence.

3.2 The Council will continue to assess the need for security measures for individual dwellings, and to implement these measures where appropriate, and as funds allow. Measures may include (but are not limited to):

(i) replacement or upgrading external beading on UPVC windows

(ii) provision of 5 lever mortice locks

(iii) provision of front door views

(iv) provision of internal letter box flaps

(v) provision of bolts and chains on front doors.

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4. Key targets / standards

4.1 Monthly analysis of number of complaints received by area and type of complaint.

4.2 Quarterly monitoring of cases and outcomes according to government statutory guidelines and in relation to core and relevant optional indicators required by the Respect Standard for Housing Management.

4.3 Cases affecting a community to be referred through the Community Incident Action Group or the Joint Action Group.

4.4 All reports of anti-social behaviour to be acknowledged within 3 working days of receipt and personal contact made within 10 working days.

4.4 A satisfaction survey will be sent on closed cases regarding how the case was handled, clarity of information provided etc to both victim and perpetrator.

4.5 Annual review of policies and procedures.

4.6 Monthly BVPI on number of harassment cases received.

Date Agreed: 23 August 2001
                         23 March 2005

Date Amended: 14 March 2005 Amended
                               14 March 2005 (Amalgamated 9 Estate Security)(Amalgamated 81 Business Run from Council Housing or Land)
February 2008