Presentation on theme: "Anti Social Behaviour Leaseholders Rachel Henry – Bury Council ASB Manager Contact: 0161 253 7785"— Presentation transcript:
Anti Social Behaviour Leaseholders Rachel Henry – Bury Council ASB Manager Contact: 0161 253 7785 R.E.Henry@bury.gov.uk
Six Town Housing Our Vision: Great Communities Excellent Services Inspiring People
Service Vision “Creating safe, peaceful and clean communities by working together to tackle anti-social behaviour effectively”
Aims of the Service. 1. To listen to our residents 2. To be pro-active in solving problems 3. To respond to ASB complaints quickly and effectively 4. To support residents to solve problems themselves where appropriate 5. To support people experiencing ASB. 6. To assist vulnerable tenants to sustain their tenancies 7. To tailor solutions to problems and to be open and honest about what we do. 8. To try and resolve problems before legal action becomes necessary. 9. To maintain confidentiality at all times. 10. To provide a consistent and customer focussed service to each individual resident.
ASB Team. 1 Team Leader. 3 ASB Enforcement Officers. 3 ASB Caseworkers. 1 Admin Officer. 2 ASB Caseworkers working in the private sector
Roles of Caseworker. Deal with initial complaint. Build up case. Interview perpetrator. Liaise regularly with complainants. Provide support to local residents. Use other agencies to assist in stopping anti social behaviour, i.e. YOS, YISP, mediation, ABC’s.
Role of Enforcement Officer. To liaise with complainant(s). Instigate legal action. Put case together for legal (statements etc) Provide support for residents with court support, regular contact etc.
Procedures. Receive initial complaint Interview complainant(s) Collect diary sheets & other evidence Interview perpetrator(s). Generally 3 warning interviews, but this is flexible. Liaise with relevant agencies, to stop anti social behaviour / nuisance Refer to enforcement officers to instigate legal action
Confidentiality Confidentiality to residents Extremely important in order to tackle asb Awareness of fear of reprisals Diaries not used without consent of individual
Diary Sheets These are completed to collate evidence. The ASB team issue these, only once they have interviewed complainants. Complainants are regularly contacted to review the diary sheets. Other ways of collating evidence are possible (Dictaphones, possibility of surveillance or noise monitoring equipment being installed).
Legal Remedies. Undertakings – these are promises made by a perpetrator to a Judge – not to act in a certain way. Injunctions (emergency/breach of tenancy) – these are orders made by a Judge instructing an individual not to act in a certain way, otherwise they could face prison or the possibility of losing their property.
Legal Remedies Possession Orders (introductory/demoted, suspended or immediate) – these are orders made by a Judge advising that an individual(s) should not act in a certain way, otherwise they could lose their property. ASBO’s – these are orders made to prevent an individual from behaving in a certain way. There can also be prohibitions preventing association with certain individuals and areas of exclusion.
Successfully Legal Action In 2009/10 the Enforcement Team achieved a 30% increase in legal orders on the previous year including: – 8 evictions- 9 NOSP – 18 Injunctions- 5 demoted tenancy order – 1 ASBO- 1 extended introductory tenancy As well as 7 Acceptable Behaviour Contracts and 296 warnings
Other Remedies Acceptable Behaviour Contracts (ABC’s) – these are informal agreements made between an individual (aged 10-17) advising they will not act in a certain way. Referrals to Mediation –this is an independent agency who will work with residents/families to resolve the problems between themselves.
Other Remedies Referrals to Youth Inclusion Support Panels (YISP) – this is an agency who work with youths and their families and address their behaviour. However, these individuals have not been through the courts for criminal offences. Referrals to Early Break for young people with drug or alcohol issues
New Legislation - Closure Orders ASB Act 2003 allows the Police and Council, working in partnership, to close and deny access for 3 months to any premises associated with Class A drugs. CJ & I Act 2008 extended this power so it can now be used where the premises has been associated with serious and persistent disorder and nuisance.
Service Review Review of all ASB services in the borough Recommendations include: – Consistent service for council / private residents – ‘No wrong door’ for people reporting asb – Victims charter & minimum standards – Toolkit and training for staff – Inform the public Six Town Housing restructure – area based
Leases Within the lease Section 17 covers Nuisance and Section 19 covers Anti Social Behaviour: The landlord/leesee must not permit or allow nuisance or asb to occur and affect other Six Town Housing/Bury MBC properties. – This includes but not limited to causing harassment, alarm or distress, hate crime, use or threaten use of violence, drug dealing.
Leases If complaints are received we will investigate these like any other complaint and will take the appropriate action. If the leaseholder is complaining regarding a Six Town Housing tenant causing nuisance, as the landlord, we will use the tenancy agreement to tackle this nuisance.
Leases If a Six Town Housing tenant complains regarding a leaseholder or the leaseholders tenant, we can take action via:- – Injunction against the tenant renting (ASB Act 2003) – The lease with the owner of the property and the deeds.
Leases While it is possible for Six Town Housing/Bury MBC to evict leaseholders from the property they have bought we want your support and to work with you.