SUPPORTED BY: Summary Statement of Policy ANTI SOCIAL BEHAVIOUR Anti-Social Behaviour:Index Summary Statement of Policy Anti-Social Behaviour: This is a summary of our policy on anti-social behaviour produced jointly by the Summary Statement of Policy 1 Royal Borough of Kensington and Chelsea (RBKC) and Kensington and Chelsea Tenant Management Organisation (TMO). The Three R’s 2 We acknowledge that anti-social behaviour that is not challenged can have a What is Anti-Social Behaviour? 3 significant and long-term impact on individuals, families and neighbourhoods. We will make use of all of the powers available to us within relevant legislation and we Partnership Working 3 will seek to support the key aims of a number of strategies of the Council and the Kensington and Chelsea Partnership. These include the Housing Strategy 2003-2008, a. Defining the Problem 4 the Homelessness Strategy, the TMO Business Plan 2002-2007 and the Community b. Supporting Witnesses 8 Safety Strategy 2002-2005. c. Working in Partnership 9 The Community Safety Strategy was prepared after wide consultation with local residents, businesses, public agencies, voluntary and community organisations. It d. The Remedies 11 recognises that people: e. Evaluating our Performance 12 “Want communities that are safe in which to live, f. Communication Strategy 12 work and play, where all services understand the impact of their actions on how safe you feel.” 1 The Three R’s What is Anti-Social Behaviour? Our approach to anti-social behaviour is best summarised as the three ‘R’s – Rights, Responsibilities and Respect. Rights We acknowledge as landlords and managers that all our residents have the right to live in decent, warm, safe homes in decent, clean, safe neighbourhoods, free from fear of nuisance, harassment and crime. Responsibilities Our residents have responsibilities to ensure that they and their families, friends, visitors and animals behave appropriately, both within their own homes and in the vicinity. We acknowledge that in the case of those who may be less able to honour their responsibilities because of health, age or other vulnerability, it may require us to work with our partners who provide support services to help them to meet their responsibilities. Respect We expect our residents to respect their homes, their partners, their neighbourhood and all other people, regardless of their race, nationality, colour, origin, culture, age, sex, sexuality, perceived or real illness or disability. For the purposes of this policy statement, anti-social behaviour is action that is capable of causing nuisance or annoyance to any person, and which directly or indirectly relates to the way we manage our homes. Persons affected by it may be anyone who has a right to live in property that we manage, our leaseholders, those living in other property in the neighbourhood and anyone else lawfully in the property or the locality. Partnership Working We know that the Council, the police, the TMO and the Housing Associations have to work together in partnership if we are going to deliver an effective service to all Kensington and Chelsea residents. Wherever possible, we will also seek to include the voluntary agencies that operate within the borough and to forge links between them. We also acknowledge that we have a wider obligation to prevent anti-social behaviour, to prevent homelessness, to protect children and young people and to promote good race relations throughout our communities. 2 3 a. Defining the Problem We have identified 8 categories of ASB 1 Harassment, including racial harassment, hate crime and intimidation Definition “Violence in the form of threatening and/or intimidating behaviour including vandalism of property and verbal and physical abuse calculated to interfere with the peace and comfort of individuals and groups.” Policy Statement The Council and TMO recognise the serious effects of harassment on victims who experience it. The TMO is committed to tackling this problem by supporting victims, dealing with the perpetrators, and taking measures to prevent harassment. 2 Domestic Violence Definition “Domestic violence is any form of physical, sexual, mental or emotional abuse which takes place within the context of a close relationship. In most cases the relationship will be between partners (married, co-habiting or otherwise) or ex-partners.” (Based on The Homes Affairs Committee on Domestic Violence.) Policy Statement Domestic violence is a serious issue and is prevalent in our society. The Tenant Management Organisation (TMO) and the Council are committed to taking measures to provide support and assistance to the victim, to take action against the perpetrator, and assist in the prevention of domestic violence. 3 Drugs Definition Any drug that is not being kept or stored for a lawful prescribed medicinal purpose will be considered to be illegal and therefore its storage, use, or supply from within the premises, or common parts will be considered to be anti-social behaviour. Policy Statement Drugs are a blight on communities. They reduce the quality of life of the people who use them habitually, their families and everyone around them. The TMO, the Council and other agencies will work together to reduce the impact of drug dealing and drug taking by utilising community and police intelligence to identify drug related activity, to ensure that a rapid response is obtained from all partner agencies in tackling the problem, and to protect the most vulnerable communities and residents from drug related crime. 4 Anti-social youths Definition Many people perceive young people as a threat and automatically associate them with anti-social behaviour and petty crime. We recognise that many young people are not anti-social and should not be stigmatised by virtue of their age and their need to socialise. We do consider that behaviour such as harassment of passers-by, verbal abuse, criminal damage, vandalism and graffiti is anti-social and requires action. Policy Statement The TMO and the Council will try to prevent or divert youth-related anti-social behaviour through working with other agencies that specialise in providing services for young people. Where more serious behaviour needs to be addressed we will act by using such measures as are available to us. Interventions will be proportionate and appropriate, based on the nature of the behaviour, its persistence and its impact on individuals or the community. 4 5 5 Noise Definition Noise is generally regarded as unwanted sound. It could be too loud, too intrusive or just happen at the wrong time or without warning. Excessive noise can affect tenants’ enjoyment of their homes, and can substantially reduce their quality of life. Examples of this might include loud noise from sound systems and radios late at night, noise from parties and playing musical instruments. It does not include everyday household noise. Policy Statement All residents have the right to the quiet enjoyment of their homes. Unwanted noise is an invasion of a person’s home and affects their quality of life. The Environmental Service’s Noise and Nuisance team, and the TMO, will work together to ensure that all residents enjoy a reasonable standard of peace and quiet within their homes. 6 Nuisance by animals Definition Animals are likely to be considered anti-social where they become a nuisance, annoyance or health hazard to any neighbour or person within the locality. Policy Statement Many tenants and leaseholders keep pets with or without the TMO’s permission. For some, particularly those who are elderly or living alone, a pet provides company and, in the case of dogs, can offer security to the home. The TMO will only act if a pet or other animal is considered to be a nuisance or a danger to residents. 7 Environmental issues Definition Environmental matters that can be considered to be anti-social include graffiti, vandalism to property, litter, abandoned cars and the feeding of pigeons. Policy Statement The TMO is committed to maintaining high standards of cleanliness and general appearance on its estates for the benefit of everyone. Action will be taken against people who continually display a disregard of other people’s right to live in a decent environment. 8 Filthy and verminous properties Definition This is a property where the internal condition is in such a poor state that the Environmental Health Team deem it ‘filthy and verminous’ and are required by law to take enforcement action to remedy it. Policy Statement The role of the TMO in these cases will be to intervene in a structured way, with the support of social services and the Environmental Services, to ensure that the property is cleaned, infestation is eradicated and appropriate support is put into place to ensure that minimum standards of hygiene are maintained. Each case is assessed on an individual basis as the circumstances can vary so much. 67 c. Working in Partnership b. Supporting Witnesses In order to take action, we need evidence of the effect of the behaviour complained of. In many cases, we may have to rely on people coming forward to help us by acting as witnesses. Whenever we can, we will involve the witness in the decision- making process about how the perpetrator is dealt with. We will have regard to the difficulties of those sectors of our community for whom English is not the first language or who have problems with written English. In cases of harassment and intimidation, we will try, wherever possible, to rely on professional witnesses such as police, environmental services officers and housing officers. The TMO will provide a comprehensive support package of measures that can be taken when people come forward as witnesses. This will range from home security to assistance in transferring to another property. It is acknowledged that in a number of cases the perpetrator themselves may be vulnerable or may themselves be a victim, because of age, mental health problems, learning difficulties, alcohol or drug use or other disability. In every case where there is potentially a vulnerable perpetrator, referrals will be made to the most appropriate agency at the earliest possible stage to try to avoid legal action and prevent the nuisance re-occurring. SUPPORT CASBAT The Community Anti-Social Behaviour Action Team (or CASBAT) is a team led by Kensington and Chelsea Police and the Council that is dedicated to coordinating and monitoring action on anti-social behaviour across the borough. The Police Some of the most intractable nuisance problems involve criminal activity. Where crime is a major problem a close working partnership with the police both at a strategic and at an operational level is essential. The Youth Offending Team The Youth Offending Team is a multi-agency team lead by a team manager and deputy manager, and a police sergeant on attachment. It is responsible for reducing and preventing youth crime amongst the 10-17 year old age group. RBKC Education Welfare Service The Education Welfare Service (EWS) is part of the Local Education Authority with statutory responsibilities for promoting, encouraging and enforcing regular school attendance of children. RBKC Learning and Development Service Learning and Development embraces learners of all ages, interests and abilities. Youth work is a key area in which the Learning and Development Service can help to prevent ASB. The Drugs Action Team To ensure a multi-agency strategic approach to tackling drugs, the Royal Borough established a Drug Action Team (DAT) in 1995. A wide range of specialist drug and alcohol treatment services is provided in R.B.K.C. 8 9 Supporting tenancies The Council has a responsibility to assess the needs of people and to provide high quality care in the community. The Council also has an obligation to ensure that vulnerable people are not subject to discrimination, and that their safety and the safety of others is not compromised. Environmental Services Complaints about noise are dealt with by the Council’s Noise and Nuisance Service, part of the Environmental Services Team. The Noise and Nuisance Officer team can take formal action against perpetrators of noise nuisance. They also have duties to investigate filthy and verminous premises and handle cases of vagrancy. Mediation Resolving disputes is often best achieved through dialogue between the two parties. Independent mediation offers a viable, impartial, and confidential service that can broker a resolution without confrontation. The Council and the TMO have used CALM mediation service since April 2001 to help to resolve local disputes. Sharing of Information The TMO and the Council signed an exchange of information protocol with the police in 1999. Power under Section 115 of the Crime and Disorder Act 1998 and the Data Protection Act 1998 allow agencies to disclose information for the detection and prevention of crime. Recent powers granted under the Police Reform Act 2002 allow other housing providers to share information with statutory agencies to address antisocial behaviour. d. The Remedies Wherever possible we will work with partner agencies to rehabilitate offenders. There are a variety of legal remedies available for dealing with anti-social behaviour. Some are restricted to use by specific agencies. These include: ABCs, Acceptable Behaviour Contracts – anyone can use these but usually the Council, the TMO, the police and the other RSLs work jointly on them. Possession Action and Demoted tenancies – only the TMO and the RSLs can take this action against their own tenants. In some cases, leases can also contain clauses to prohibit anti-social behaviour. Injunctions under the Crime and Disorder Act 2003 – only the TMO and the RSLs can obtain these. Anti Social Behaviour Orders – the Council or the police can apply for these. Injunction under Section 222 of the Local Government Act 1972 – only the Council can use this power. Parenting Contracts and Orders – the Youth Offending Team are the only agency that can use these. Closure of premises where drugs are unlawfully used – this is a police power, acting with the consent of the Council. Dispersal orders – this is also a police power, in association with the Council. 10 11 e. Evaluating our Performance The TMO keeps statistical records of all complaints received about anti-social If you would like a translation of this document please behaviour, the action taken and the outcomes. These are prepared, and reported, on contact the Equalities Officer on 020 7361 3449 a six-monthly basis. Staff receive full training in how to deal with anti-social behaviour cases. Information about anti-social behaviour is exchanged between the Council, CASBAT, the Police, the TMO and the Environmental Services Team in a structured way so that each of the partners is aware of the other’s involvement and joint solutions can be identified. f. Communication Strategy Publicity is essential if local communities are to support us in tackling anti-social behaviour. Good publicity can also have a positive effect on people who commit antisocial behaviour, some of whom believe that the TMO will not evict them despite their behaviour. We will aim to communicate at the following levels: 1 With tenants and leaseholders; 2 Throughout the organisation; 3 With our partners; 4 At a national level. 12