Anti-Social Behaviour Policy & Procedure

8.1 The Council will ensure the ASB service will be easily accessible to everybody. The usual way in which people can make ASB reports include:

• Online at: Anti-social behaviour (ASB) - Wiltshire Council
• By email to HSGMail@wiltshire.gov.uk (opens new window)
• iHousing under the Community tab
• Using 'The ASB App' (after an invitation to the App has been issued)
• By telephone to 0300 456 0117 Option 4
• In person to a member of staff
• In writing: Housing Management Team, Wiltshire Council, Bourne Hill, The Council House, Salisbury SP1 3UZ

In an emergency situation, where there is immediate risk to life or property, reporting persons and witnesses should always dial 999 and ask for the Police. In non-emergency situations call the Police on 101.

8.2 The Council will provide alternative methods of reporting on request for reporting persons and witnesses who have a disability which prevents them using the methods above. This will be treated on a case-by-case basis.

8.3 On receiving of a report of ASB the Council will:

• Take the report seriously
• Respect confidentiality
• Arrange to contact the reporting person in line with the timescales set out in the table below, at a mutually convenient time and place
• Once completed logs are received, undertake a risk assessment (RAM) and provide a written action plan/acknowledgement letter
• Review the risk assessment (RAM) every three months
• Provide a named point of contact, along with details of how to maintain contact with us
• Regularly update the reporting person about our progress in dealing with the report. As a minimum contact will be made to the reporting person at least every 14 days to provide an update
• Where possible, provide necessary support to the reporting person and witnesses
• Where necessary carry out an ASB survey of the area to ensure as much information as possible is gathered and identify any further potential victims of ASB
• Where necessary take prompt, proportionate and effective action
• Where necessary installation of noise monitoring equipment and/or CCTV to gather impartial evidence
• Use legal remedies under the Housing Acts or Anti-social Behaviour Crime and Policing Act 2014. These will be considered as a last resort after all other appropriate options have been exhausted
• Review and close cases in line with guidelines contained in this policy

8.4 The Council will respond to all reports of ASB within the timescales set out below. The timescales do not include Saturdays, Sundays or other non-working days, such as Bank Holidays. They will form Key Performance Indicators for case management purposes.

8.5 Types and categorisation of ASB
For monitoring purposes, reports of ASB will be logged under one of the following categories:

8.6 The Council will be responsible for:

• Deciding if reports fall within our definition of ASB
• How reports should be categorised
• The most appropriate course of action to deal with the reported incidents utilising the S.A.R.A. model. S.A.R.A. looks to identify and overcome the underlying causes of crime and disorder versus just treating the symptoms. It is applied to any report by implementing each of four steps in the model: Scanning, Analysis, Response, and Assessment
• Where possible, the Council will consider the wishes of the reporting person or witness although such wishes and expectations will be realistically managed

8.7 If a decision is made that there is no reasonable action that can be taken to deal with the issue reported, the Council will inform the reporting person or witness of this decision and provide an explanation as to why this is the case.

8.8 If there is lack of clarity or dispute about the classification of ASB or the proposed action to be taken, the matter will be referred to the Tenancy Services Manager and their decision will be final.

8.9 The Council will work in partnership with the local Multi Agency Risk Assessment Committee (MARAC), the Multi Agency Public Protection Arrangements (MAPPA), the Wiltshire Adult Sexual Exploitation Panel (WASEP), ASB Risk Assessment Conference (ASBRAC) meetings, Homes4Wiltshire, Safeguarding Vulnerable People Partnership (SVPP), Early Intervention and Violence Reduction subgroup of SVPP (EI&VR) and attend police tasking meetings.

8.10 The Council recognise that being a witness in proceedings for ASB can be a stressful and worrying experience.

8.11 The Council will provide appropriate support to all witnesses. The Senior ASB Officer and the ASB Neighbourhood Officer are responsible for providing support to the reporting person and witnesses of ASB.

8.12 Where a witness is expected to attend court and give evidence, the Senior ASB Officer or the ASB Neighbourhood Officer will ensure that a full explanation of what to expect is provided to the witness. This will include the offer of a pre-court visit if the witness desires it. Whilst attending Court witnesses can expect:

• transport to be provided to and from the Court
• to be accompanied by a member of Wiltshire Council staff at all times whilst at Court

After being involved in a case that is resolved using Court proceedings the reporting person and witnesses can expect to continue to receive support from the Senior ASB Officer or the ASB Neighbourhood Officer for a period of time after the proceedings. This will vary in length, depending on the individual circumstances of the case.

8.13 Where a member of staff or a contractor is the reporting person or a witness, they are required to attend court if necessary and act as a representative of the Council or the company. The Council will provide all necessary support to staff members and contractors who are required to attend Court.

8.14 Hate crime and hate incidents

Hate crime is defined as 'any criminal offence which is perceived, by the victim or any other person, to be motivated by hostility or prejudice towards someone based on a personal characteristic.' This common definition was agreed in 2007 by the Police, Crown Prosecution Service, HM Prison and Probation Services (HMPPS) and other agencies that make up the criminal justice system. There are five centrally monitored strands of hate crime:

• Race or Ethnicity
• Religion or Beliefs
• Sexual Orientation
• Disability, and
• Transgender Identity

8.16 Some people may experience hate crime and incidents because of more than one identifying factor, for example a combination of more than one identifying factor.

8.17 The Council will treat all hate related incidents as very serious in nature and will ensure that all appropriate staff receive specialist training in how to deal sensitively with such issues.

8.18 Where a reporting person or witnesses of hate crime is not comfortable reporting to the Police our front-line staff will report the matter on their behalf and as part of the management of the ASB case.

8.19 Supporting vulnerability

8.20 The Council recognise the importance of supporting vulnerable members of our society and also recognises that, by definition, those more vulnerable members of our society may be more susceptible to becoming a victim of ASB. A person may be considered vulnerable for reasons such as:

• Age
• Alcohol or drug dependencies
• Disability as defined by The Equalities Act (2010)
• Mental Health

8.21 The above list is not exhaustive, and the Council recognise that a person may be classed as vulnerable for many reasons. Officers are expected to make an assessment of vulnerability on every case of ASB. This will be included as part of the Risk Assessment Matrix (RAM).

When a reporting person, witness or perpetrator of ASB is identified as being vulnerable, a referral will be made to the relevant support service.

When an alleged perpetrator of ASB is identified as being vulnerable the Council will make every effort to assist them in engaging with support services and will make it clear to them that failure to engage with such services along with continued ASB will result in formal action being taken against them.

The Council will not accept vulnerability as a reason for a perpetrator being allowed to continue to behave in an unacceptable manner that affects others.

8.22 Safeguarding

8.23 All employees and contractors of the Council have a duty to act in relation to safeguarding concerns.

8.24 The Council will actively participate in local multi agency arrangements for safeguarding children, young people and adults.

8.25 The Council recognise that employees dealing with ASB are likely to come in to contact with children and adults for whom there are concerns about safeguarding issues. Where any vulnerability issues are known or identified, the Council's safeguarding procedures will apply.

8.26 Awareness of, and sensitivity to information sharing protocols and data protection is crucial, however safeguarding concerns override the need for confidentiality in respect of relevant statutory authorities as long as all activity is properly recorded.

8.27 Protection of staff and contractors

8.28 The Council will not, under any circumstance, tolerate abusive, threatening or violent behaviour towards our staff or contractors.

8.29 The Council will always take swift and robust action to protect our staff.

8.30 All acts of aggression towards staff members will be reported to a line manager, who will then decide if it is appropriate to involve the Police. The Council will assist staff and contractors to report matters to the Police where this is felt necessary.

8.31 Case closure

8.32 The Council will normally only close a case once the ASB has been resolved. A resident satisfaction survey will be sent when every case is closed. Where there is negative feedback, this will be reviewed and where practical acted upon by the Senior ASB officer and Tenancy Services Manager.

8.33 In certain circumstances it may be necessary to close an ASB case without the consent of the reporting person. This may happen in the following circumstances:

• The Council is satisfied that everything possible has been done to resolve the case and that it is reasonable to do so;
• the reporting person has failed to respond to requests for contact;
• the reporting person refuses to cooperate with our efforts to resolve the behaviour;
• it becomes apparent that the report(s) are false or malicious.

8.34 In all cases the reporting person will be notified of a case closure by email or letter. This will detail the reasons for closure.

8.35 This policy commits the Council to deal with ASB in Wiltshire in a way that will always be fair and, in all important respects, consistent across cases of a similar kind. However, services are constantly evolving, and each ASB case dealt with is likely to be unique in some or other aspect. This means that occasionally the Council will use discretion to vary the approach from that described in this document. The Council may do this in any individual case, following appropriate consultation with relevant parties, or may make any change of approach apply in all subsequent cases, in which case the policy will be formally amended.