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Purpose of this document:
This document sets out the Council’s policy on Anti-Social Behaviour (ASB) and the procedures to be followed on receipt of a complaint of ASB to Tendring District Council. It explains what is meant by ‘anti-social behaviour’ and sets out the guiding principles for those officers in the Council who deal with ASB. The Council recognises the importance of providing an excellent standard of customer service to our residents and this is central to this policy and in particular the resolution of ASB complaints. The Council is not always the most appropriate agency to deal with some complaints and this document aims to provide guidance on which agency residents should direct complaints to in order to avoid unnecessary delays in resolving their issues/concerns
Tendring District Council recognises the need to tackle ASB as it can have a detrimental impact upon our residents, communities and visitors to the District. We will work in partnership with other agencies to support those experiencing ASB.
It is not always easy to pinpoint exactly what is, and what is not, ASB. People's judgement and tolerance may differ about what is acceptable behaviour. The Government defines ASB in the Crime and Disorder Act 1998 as: “Behaviour by a 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.” In order to ensure that the Council provides the appropriate level of service to complainants the focus needs to be on those behaviours that have a significant, negative impact on others’ quality of life, but does not necessarily take the form of criminal behaviour such as drugs, criminal damage, assault etc. In order to assist in determining whether a complaint meets the threshold, ASB includes, but is not limited to, the following:
Behaviour which results from different lifestyles or which would not generally be considered unreasonable is not ASB. As mentioned earlier it is important to be tolerant of other people’s lifestyles. The Council will not usually take action in circumstances such as the following:
It is important that complainants initially contact the authority/agency with the most appropriate powers to resolve the matter to ensure that action is taken without any unnecessary delays caused by reporting to the wrong agency. Call takers and investigating officers must work within the definition provided in this document to assess whether ASB is being committed in the first instance and what, if any, response is required. Once this has been established the complaint should then be referred to the appropriate service area for investigation. Where the call taker is unclear on who should investigate, the complainant should be directed towards completion of the ASB reporting form
Service areas responsible for complaint types:
Tenancy Management: 01255868482 / Nuisance neighbours / youths Neighbour disputes Anti-social behaviour in relation to tenants or property.
Environmental Health: 01255686774 / Nuisance (Noise, smoke, bonfires).
Private Sector Housing: 01255686617 / Gypsy and traveller incursions Illegal eviction and harassment (landlords evicting tenants without proper notice or court order)Disrepair in private rented housing Problems with multiple occupancy properties i.e. HMOs and licensed HMOs. Problems could be both from tenant behaviour and landlords.
Seafronts & Parking: 01255686969 / Misuse of beaches, promenades, general areas, shelters, all public conveniences, all public Council owned car parks
Open Spaces Planning: 01255686647 / Misuse of open spaces, including, recreational Grounds, playgrounds children’s play areas, parks and ornamental gardens.
Planning: 01255686150 / Anti-social behaviour in relation to planning enforcement
Safer Communities Team: 01255686359 / Will co-ordinate action where a multi-agency response is required
Where incidents include acts of a criminal nature such as drugs, assault or serious violence, the complainant should be directed to Essex Police. Equally where the Council is not the landlord the complainant should be directed to the housing provider. Reported incidents involving overlapping issues will require a joint or coordinated response. Assistance in these cases may be sought from the Safer Communities team. In October 2015 the Restorative Justice Hub was launched in North Essex based at the office of the Police & Crime Commissioner. The hub offers mediation for neighbour disputes and low level ASB as well as referrals for Restorative Justice. Therefore investigating officers should consider offering mediation when appropriate and refer cases to the Hub. For further information there are two Restorative Justice
Champions within the Council. They are:
For all Housing related queries relating to ASB please refer to Tendring District Council – Housing Anti-Social Behaviour Strategy 2016 - 2021
The Council has its own housing stock and is responsible for reminding tenants and leaseholders of their responsibilities and obligations outlined within their tenancy agreement and resolving low level problems at the earliest opportunity, through established tenancy management processes, preventing unnecessary escalation. Issues that could reasonably be resolved through tenancy management processes through the provision of appropriate advice/instruction, partner liaison and independent mediation, as mentioned above, include (but are not limited to) those listed below;
All tenants of the Council have signed a tenancy agreement, which sets out the rights and responsibilities of the Council and its tenants. The obligations of new tenants are emphasised to them during the tenancy sign up process. The Council also makes use of introductory and demoted tenancies, to emphasise further the importance of tenancy terms. However, as mentioned earlier there are a number of housing providers in the District who will have their own tenancy agreements and processes in place which will equally advise tenants of their rights and responsibilities. Complainants should be directed to their housing provider for assistance.
Essex Police have recently reviewed their policy on dealing with ASB and as a result will now only deal with high risk cases where there is threat, risk or harm. Where ASB enquiries include reports of criminal offences for which an individual could be charged and prosecuted, the matter should be referred to Essex Police to determine whether it would be more appropriately investigated by them.
Victim Support is an independent UK charity which helps people cope with the effects of crime. They provide free and confidential advice and support to help victims, witnesses and their families.
However reported, Council officers receiving a report of ASB from residents will take a detailed account of reported incidents, where information is immediately available, to ensure good quality information is obtained from the complainant and any potential vulnerability issues identified, from the outset. The officer will log details on the Council’s ASB case management system (Uniform) or similar and allocate to the appropriate officer or service area to assess and deal with the complaint. The resident (complainant) will expect to receive a minimum standard of service from the Council (see below). Where reports of Anti Social Behaviour are received by officers/teams that are not able to deal with the enquiry, the complainant should be asked to complete the form attached at Appendix D which will enable the Safer Communities Manager to assist, where able, in signposting the complainant to the appropriate route.
Anonymous reports will not be accepted.
The Council recognises that the complexities involved in investigating ASB cannot be readily mapped out in a one size fits all process but call handlers and investigating officers must refer to the definition used within this document. Whilst each case will require a tailored and proportionate response there are up to six strands of activity that need to be considered/followed in tandem to ensure investigations are thorough and effective;
Council managers/supervisors will conduct regular case reviews to ensure investigating officers utilise all problem solving opportunities and consider appropriate legal interventions where necessary.
The investigating officer will ensure that all actions outlined in the following checklist are carried out or that their own departmental policies are complied with. Where it transpires that reported behaviour may include criminal incidents the complainant will be encouraged to report the matter to Essex Police, to keep a record of incident numbers and retain the name/details of the attending officer.
Introduce themselves, providing the complainant with their contact details should the complainant need further information or wish to report further incidents.
Fully explain not only what the complainant can expect from us, but what we will require from them and record on the Uniform System.
Explain the purpose of, and complete a RAM (Risk Assessment Matrix)
Obtain as much detail as possible about the alleged ASB including if appropriate photographic evidence of any reported damage.
Establish whether any other professional body/solicitor/Councillor or MP has been contacted or is already involved in this case.
Agree with the complainant how the case will be investigated, discussing with the complainant their expectations in relation to the case.
Advise the complainant on how the case may progress and what options are available at this stage including independent mediation/restorative justice.
Advise the complainant that the accurate completion of diary sheets will form a vital part of the evidence gathering process noting that if they are completed correctly and of good quality with detailed evidence of recent incidents, only a few should be required.
Explain that if as a result of preventative interventions the alleged behaviour ceases, the case may be closed and no further action taken.
Ensure that the complainant understands that should the Council decide to take legal action, it may be necessary for the complainant to provide evidence at a court hearing later in the case.
Obtain consent of the complainant to approach alleged perpetrators, advising the complainant that whilst their identity will not be disclosed to alleged perpetrators (unless they have given consent that they are happy for their identification to be disclosed) they may be identified to the alleged perpetrator through the disclosure of specific incidents or should legal proceedings be scheduled, (given the legal requirement to disclose evidence to the defence) through the evidence provided to the court.
Identify any risk factors which may deter the complainant giving evidence at court
Provide the complainant with leaflets and information relating to currently available support services/organisations that may be able to assist the complainant.
Advise the complainant that if they feel their case has not been dealt with to their satisfaction and they meet the threshold they may request a review of their case using the ASB Case Review process.
Each report will be assessed and dealt with by the investigating officer in accordance with the risk status after completion of the Risk Assessment Matrix (RAM). (See appendix A). The RAM is based on a Home Office guidance document and is the refined version used in the Fenland ASB pilot September 2011. The RAM determines risk based on a points system taking into account the history of the complaint, vulnerability of the complainant and support available to the complainant.
The RAM enables the investigating officer to include a professional assessment based on experience which allows flexibility in determining risk level. The investigating officer will complete the list of actions and support recommendations based on the risk assessment outcome on the Uniform ASB case management and the reasons why they have been implemented or disregarded.
Vulnerabilities will be reassessed at regular intervals throughout the investigation to re-assess support needs in response to ongoing incidents, changes in personal circumstances and any significant case actions i.e. legal notices served.
All Safeguarding referrals will be notified to the Council’s safeguarding lead or, in their absence, the nominated deputy.
The complainant will be informed verbally that information will be shared with other organisations and verbal consent obtained so as not to slow or impede the process of investigation. The consent will be recorded on the Uniform ASB case management system.
If consent to share information is refused this will be recorded by the investigating officer on Uniform ASB case management system and the complainant informed that appropriate resolution may not be possible without this consent.
Reports of Child Protection or safeguarding issues, Hate, Race or Domestic Abuse will always be referred to the police dedicated liaison officer whether consent is granted or not and a record made of the name/rank/collar number of the officer reported to. All referrals will be in writing and a record kept on the Uniform ASB case management system.
If the complaint is of a simple nature and dealt with at first point of contact through advice or sign-posting there will be no need to complete a RAM.
Once all details are obtained of the alleged complaint from the complainant contact should be made with the alleged perpetrator. Investigating officers should ensure the following checklist is adhered to when contacting the alleged perpetrator or that their own departmental policies are complied with.
Case Officers Initial Contact Checklist (Perpetrators)
Explain the role of Tendring District Council and the purpose of the interview/meeting.
Inform the alleged perpetrator of the allegations made and obtain their version of events/incidents, noting any admission or counter allegation.
Advise the alleged perpetrator on how the case may progress and what options are available at this stage including mediation (if not already considered).
Explore with the alleged perpetrator any options to prevent further ASB through diversionary and/or supportive interventions, and voluntary agreements and/or contracts.
Where the alleged perpetrator is under the age of 18, discuss the allegations with the parent/guardian, seeking an assurance of support to ensure no further ASB is perpetrated.
(Council tenants) Advise the alleged perpetrator of the consequences of further ASB resulting in a breach of tenancy and any potential actions against the named tenant.
Where an alleged perpetrator makes a counter allegation it should be treated seriously, logged as a new enquiry on Uniform by the receiving officer and processed in accordance with agreed procedures to agreed service standards.
A manager/supervisor will depending upon the complexity of the case, determine whether any counter allegation case is investigated by the Officer dealing with the original case or whether it needs to be passed to a second officer for investigation.
It is important that throughout the process of investigating reports of ASB all information is recorded properly and formally. This means that accurate, clear and objective records must be kept.
The records include details of meetings, discussions, telephone conversations and file notes, e-mails and letters. This forms an essential part of the information gathering exercise and ensures the highest degree of professionalism required to achieve a successful outcome.
When incidents are reported to a particular service area it may be the case that ASB case management is not an area that is usually undertaken by the officer. For example ASB within our parks should be referred to the appropriate officer based at the depot. Officers receiving such complaints should always consider a referral to the Safer Communities Problem Solving Tasking and Co-ordination Group (PSTCG) for additional support and assistance. The PSTCG is a multi agency forum that meets monthly to discuss cases of Safer Communities / ASB or Hate Crime. They also act as the review panel for all ASB Case Reviews. However, ownership of the case will remain with the service area.
Evidence can take the form of witness statements, CCTV footage, letters of complaints, reports to police, intelligence reports, previous convictions, previous interventions. In some cases hearsay can be used, however, this should be supported by corroborative professional evidence to give greater credibility.
In many instances the investigation of a complaint will require the completion of ASB diary sheet as mentioned above. Diaries provide a clear audit trail by complainants and witnesses of contemporaneous notes of alleged anti-social behaviour. The diaries themselves can, if necessary, be presented to a court to support the accuracy of the evidence being presented.
Consideration should be given to the use of other means of evidence which can include:
Complainants will be contacted in 10 working days from initial reporting of ASB to advise of the next steps, if any. If the matter is taken forward and once the investigation has been completed, a proportionate response should be identified and the complainant informed of the proposed action to be taken and the period of time it will happen in. They should have the opportunity to comment on the proposed action and raise any issues or concerns on how it may affect them. The proposed action may have to be altered to accommodate concerns expressed by the victim/witness. All complainant contact and responses will be recorded on the ASB case management system.
With the agreement of the complainant the investigating officer will contact the perpetrator and give them the opportunity to explain any of the allegations made. It must be explained that failure by the complainant to give permission for the perpetrator to be contacted could hinder any action being considered.
Details of the complainant(s) will never be disclosed (either directly or indirectly) to the perpetrator without their consent. However, if Court action becomes necessary the Council may have to disclose complainant’s details or in some circumstances the complainants may be required to give evidence at Court.
The Council will consider all supportive and diversionary interventions and referrals that are appropriate to the perpetrators tenure, age, and support needs, balancing the support needs of the perpetrator against the seriousness of the ASB and the need to protect victims and witnesses.
Interventions used will include both diversionary activities and pre-enforcement contracts and agreements including, referrals to intervention providers (YOT, Council projects, drug programmes, Housing advice, Homelessness etc), verbal and written warnings, Acceptable Behaviour Contracts (ABC’s), Good Neighbour Agreements, and Noise Abatement Notices, Community Protections Orders, Injunctions and Criminal Behaviour Orders, and/or tenancy enforcement including eviction in the most serious cases.
Where perpetrators are engaged on supportive or diversionary interventions, Case Officers will regularly consult with service providers to assess the impact of engagement against reported behaviour recognising the potential to undertake enforcement action in conjunction with ongoing intervention & support where appropriate.
Appendix C sets out the powers available regarding ASB and where the authority to use those powers sits. For Tendring District Council, the specific officer delegation is also included in the Council’s Scheme of Officer Delegation under the Constitution. The available powers are as follows:
Written contracts between an individual (and their parent/carer if they are under 18), the Council or Housing Provider, and the Police. Although not legally binding, the contract is a promise that the individual will not carry out certain acts which could be seen as anti-social. The Contract may include support for the individual in tackling the behaviour.
Contract terms will be agreed with the perpetrator through face to face meetings at which behaviours are fully discussed and their impact recognised. It is not always necessary to use an ABC before taking other action (e.g. where the behaviour is very serious) but it is a step that would be considered in most cases.
In some cases it may also be appropriate for the parent to enter into a Parenting Contract, where the parent agrees to certain measures to try and stop the anti-social behaviour being caused by their son/daughter.
Where an Officer is satisfied that that a noise problem amounts to a statutory nuisance an abatement notice, under Section 80 of the Environmental Protection Act 1990 shall be served on the person responsible for the nuisance or the landlord/owner of the property within 7 days of the nuisance being witnessed. The notice will require the person to stop causing a disturbance and may also require works to achieve this to be carried out within a specified time
The purpose of the ASB Case Review is to give victims and communities the right to request a review of their case and bring agencies together to take a joined up, problem solving approach to find a solution. Responsible Authorities and other relevant bodies are responsible for taking the problem solving approach. The threshold for an ASB Case Review is three complaints in the previous six month period (See Appendix B).When a request to use the ASB Case Review is received, the Single Point of Contact (SPOC) which in Tendring’s case is Leanne Thornton, Safer Communities Manager, must meet with the other agencies and they must decide whether the threshold has been met and communicate this to the victim.
If the threshold is met, a case review will be undertaken. Agencies will share information related to the case, review what action has been previously taken and decide whether additional actions are possible. The local ASB Case Review procedure should clearly state the timescales in which the review will be undertaken. The review encourages a problem-solving approach aimed at dealing with some of the most persistent, complex cases of ASB. The victim is informed of the outcome of the review. Where further actions are necessary an action plan will be discussed with the victim, including time scales. A case review can be requested by a victim of ASB or another person acting on behalf of the victim such as a carer or family member, MP or Councillor. The victim can also be an individual, a business or a community group.
The Community Remedy give victims a say in the out-of-court punishment of perpetrators for low-level crime and ASB. The Act places a duty on the Police and Crime Commissioner to consult with members of the public and community representatives on what punitive, reparative or rehabilitation actions they would consider to be on the Community Remedy Document. A Restorative Justice (RJ) Hub was rolled out in the Tendring area in October, all referrals to the RJ Hub should go through the Safer Communities Team at the Council. Further information is available on the Police and Crime Commissioner’s website at www.essex.pcc.police.uk
A civil power to stop individuals engaging in ASB by quickly, nipping problems in the bud before they escalate. Various agencies including Local Councils and Police can apply for an IPNA. The test is that it is based on the balance of probabilities, behaviour likely to cause harassment, alarm or distress (non-housing related ASB) or conduct capable of causing nuisance or annoyance (housing-related ASB) and just and convenient to grant the injunction to prevent ASB. Issued by the County Court and High Court for over 18’s and the Youth Court for under 18’s. Injunction will include prohibitions and can also include positive requirements to get the perpetrator to address the underlying cause of their ASB. Breach of the injunction is not a criminal offence, but breach must be proved to the criminal standard, that is, beyond reasonable doubt.
A Court Order to tackle ASB which is applied following a conviction for any criminal offence can include prohibitions and positive requirements. The ASB does not need to be part of the criminal offence. If the Court is satisfied beyond responsible doubt that the offender has caused or is likely to cause harassment, alarm or distress to others and the CBO will help prevent it.
A Police power requiring a person committing or likely to commit ASB, crime or disorder to leave an area for up to 48 hours if authorised by a police inspector or above.
To stop a person aged 16 or over, business or organisation committing ASB which spoils the community’s quality of life. Council Officers, Police Officers and other designated Officers can issue a CPN. The test is that the behaviour has to have a detrimental effect of the quality of life of those in the locality, be of a persistent or continuing nature and be unreasonable. A warning is issued first informing the perpetrator of problem behaviour, requesting them to stop, and the consequences of continuing. A CPN (Notice) will be issued including requirement to stop things, do things or take reasonable steps to avoid further ASB. This can allow Councils to carry out works in default on behalf of a perpetrator. Breach of the CPN is a criminal offence, A fixed penalty notice can be issued of up to £100 if appropriate. A fine of up to level 4 (for individuals) or £20,000 for business.
The ASB Crime & Policing Act introduced PSPOs which are designed to protect public spaces from persistent anti-social individuals or groups. For example: persistent dog fouling in an area or street drinking in a town centre. They are designed to stop individuals or groups committing ASB in a public space. Councils issue a PSPO after consultation with the Police, PCC and other relevant bodies.
The behaviour being restricted has to be having, or likely to have, a detrimental effect on the quality of life of those in the locality, be persistent or of a continuing nature and be unreasonable. There will be restrictions and requirements set by the Council, these can be blanket restrictions or requirements or can be targeted against certain behaviours by certain groups at certain times. Can restrict access to public spaces where that route is being used to commit ASB. Breach of the PSPO is a criminal offence, Enforcement Officers can issue a fixed penalty notice of up to £100 if appropriate. A fine can be issued up to level 3 on prosecution.
A power which offers protection and faster relief to victims by quickly evicting the most anti-social tenants. It can be used by the landlord (Council, Housing Provider, Private Landlords) on a premises where ASB is causing nuisance or disorder such as noisy premises, environmental pollution, drug/alcohol related ASB.
To allow the police or council to quickly close premises which are being used, or likely to be used to commit nuisance or disorder. Power to close premises for up to 48 hours out of Court (Closure Notice) or up to 6 months via the Court (Closure Order)
More information on all of the above powers can be found in the “Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour power. Statutory guidance for frontline professionals – July 2014. Updated December2017.
The Council will adhere to agreed processes for dealing with ASB related to secure tenancies.
Enforcement measures used for tenancies are:
An injunction is a court order prohibiting a person from committing certain acts. If any injunction is breached, this will be contempt of Court, and the council can apply for this contempt to be punished by a fine or committal to prison. It may also be possible to obtain a power of arrest and exclusion zone (including exclusion from someone’s home), as part of the injunction if the individual has used o threatened violence or there is a significant risk of harm to victims. In very serious cases it may be possible to apply for an injunction without telling the perpetrator that the council is applying to court for an order.
The Council can send a prohibition letter banning individuals from entering council owned property. If the letter is ignored this will be trespass and the council can apply for an injunction banning the individual from continuing the trespass. In the case of schools, the law requires the parent of a child to be consulted before such a ban is made against them.
The Council can use the authority of s. 222 Local Government Act 1972 to bring proceedings in the County Court to prohibit a person from continuing to cause a public nuisance, if it can be shown that it is expedient for the promotion or protection of the interests of the inhabitants of the area. These can be used to deal with problems such as drug dealing, begging or prostitution.
The Council will adhere to the legal process set out for dealing with ASB related to Introductory Tenancies.
Enforcement measures used for Introductory Tenancies are:
Safer Communities Problem Solving Tasking and Co-ordination Meeting (PSTCG) is a multi-agency problem solving meeting attended by practitioners from the Council, Essex Police, Housing Providers, Youth Offending and other interested parties. Referrals can be made by any practitioner who has a role in tackling anti-social behaviour in the District. The PSTCG takes place monthly.
Each referral will be discussed and actions allocated to appropriate officers. The case will be formally reviewed each meeting where actions will be determined until a successful resolution has been achieved.
All parties attending the PSG must sign a confidentiality statement.
A case can be resolved at any stage. Resolution means an outcome that has been implemented after careful and thorough investigation. It may not be the outcome that the complainant wants. Outcomes are often reached more by intervention, prevention and diversion than enforcement actions. However a twin track approach of enforcement and support are also effective. The investigating officer must ensure that Uniform, the ASB case management system is updated and the case will not be closed before being reviewed and authorised by the line manager.
The Council places a high importance on training of staff and will deliver training to staff at regular intervals to ensure staff are fully informed of any changes to procedures, processes and legislative tools and powers.
The Council will in addition update its partners on any changes to practice, legislation and continually raise awareness of anti social behaviour strategies and procedures.
The Council needs to process personal data and private information in order to deliver many of its services.
In accordance with the Data Protection Act the Council adopts the general principle that information should only be disclosed to individuals with a legitimate and reasonable right to that information. In general, all information received from victims and witnesses of ASB will be treated as having been given to Tendring District Council in confidence, and will not be disclosed to third parties unless those providing the information have agreed that we may do so.
We will treat every case in confidence and officers will do all they can to protect the identity of victims and witnesses.
We will advise witnesses that:
The Council and our Safer Communities partners use an agreed Information Sharing Protocol created under the Crime and Disorder Act, 1998. This has recently been updated in light of the GDPR regulations. We may share information with these other agencies for the purpose of preventing ASB or crime.
Sharing information with tenants and the community The Council works proactively with the media to publicise successful actions to prevent or tackle ASB.
The Council regularly communicates with its tenants and residents on a variety of matters, including anti social behaviour. Recording of decisions made under delegated powers The Openness of Local Government Bodies Regulations, which came into force on 6 August 2014, requires local authorities to record and publish certain significant officer decisions made under delegated powers.
There are exemptions to the Regulations and officers should refer to guidance available on the staff intranet or their line manager to ensure they comply with the Regulations and record appropriate decisions. For example, if an officer seeks to use the Public Spaces Protection Order this should be recorded on the Delegated Decision Record Sheet, and published..
The Council has a policy on violence at work to protect its staff. Risk Assessments required under the Management of Health and Safety at Work Regulations 1992 are carried out in respect of staff with duties to undertake anti-social behaviour work.
We are committed to giving you the best possible service at all times, but sometimes we make mistakes. If this happens, we want you to contact us and let us know.
Where complaints cannot be resolved by local managers, complaints will be referred to the performance core for further review and response.
If you have a complaint, compliment or a comment about the council, you can talk to the member of staff concerned or their manager, you can:
Phone us on
Use the online form on the Council Website at www.tendringdc.gov.uk
Email us at asb@tendringdc.gov.uk
Write to us at: Tendring District Council
People, Performance and Projects
Council Offices
88 – 90 Pier Avenue
Clacton on Sea
Essex
CO15 1TN
The Council will wherever appropriate seek to publicise its work to promote positive case outcomes and provide reassurance to residents in its ability to tackle anti-social behaviour.
All news stories resulting from the Council’s casework and initiatives in the District will be processed through the Council’s Communications Team.
This document will be reviewed as a minimum, on an annual basis to ensure it remains relevant and up to date.
