Dealing with anti-social behaviour | Anti-social behaviour

Anti-social behaviour can cover a wide range of situations ranging from minor neighbour disputes to serious criminal behaviour.

What is anti-social behaviour?

The meaning of anti-social behaviour is given in the Anti-social Behaviour, Crime and Policing Act 2014 as:

(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,

(b) conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or

There are three main categories for anti-social behaviour, depending on how many people are affected:

Personal anti-social behaviour is when a person targets a specific individual or group
Nuisance anti-social behaviour is when a person causes trouble, annoyance or suffering to a community
Environmental anti-social behaviour is when a person’s actions affect the wider environment

What is not considered to be anti-social behaviour?

We will not treat as anti-social behaviour matters relating to residents going about their normal everyday activities, unless this constitutes a breach of their tenancy. Examples of issues which may upset or disturb people but which cannot be dealt with as anti-social behaviour are-

• Flushing toilets

DIY during the day

• Cooking smells

• People smoking in their own home

• People talking at normal volume in their home and gardens

• Washing machines or other household appliances causing noise.

• Babies crying or playing, children playing or arguing

• Riding skateboards or bikes.

• Playing football in the street with exception if they are kicking a ball against a residents wall

• People being inconsiderate or thoughtless

• People looking or staring

• General living noise

Anti-Social Behaviour	What can be done	How to Report to Thurrock Council or the Police
Abandoned vehicles	Fixed Penalty Notice to the registered keeper Vehicle can be towed away by the DVLA Report to the Council if the vehicle has been stationary for a long time, smashed windows, doors open or unlocked and its looks run down and not road worthy	Untaxed vehicle which are still being driven and/or on the road to be reported via: https://forms.dft.gov.uk/report-an-untaxed-vehicle/ https://www.thurrock.gov.uk/abandoned-vehicles/report-an-abandoned-vehicle
Vehicle Nuisance or inappropriate use	Report to Essex Police	Police online at https://www.essex.police.uk/ro/report/ or by dialling 101 in cases of emergency dial 999
Smoking of Cannabis and use of other drugs	This is a criminal offence and should be reported to Essex Police	Police online at https://www.essex.police.uk/ro/report/ or by dialling 101 in cases of emergency dial 999
Animal problems	Environmental Health can investigate barking dogs or animal faeces in rear garden causing suborn smells Dangerous dogs & loose horses report to Essex Police	Online at https://www.thurrock.gov.uk/forms/report-pollution-or-noise Police online at https://www.essex.police.uk/ro/report/ or by dialling 101 in cases of emergency dial 999
Littering	Your complaint will be referred to Thurrock Council Environmental Enforcement Officers A description of a person dropping litter or the index number of the vehicle that the litter was thrown from	Report online at : https://www.thurrock.gov.uk/littering-and-litter-bins/littering
Unauthorised Traveller encampment	Report to Essex County Council If a Traveller is seen causing damage in order to gain access Thurrock Council has a Civil Injunction which may be used	https://www.essex.gov.uk/gypsies-travellers/report-unauthorised-encampment Dial 999 Contact Essex County Traveller Unit on 0345 6037624
Statutory Noise Nuisance -from amplified sound, barking dogs and unreasonable DIY noise	Thurrock Council can investigate cases of amplified sound but NOT general domestic living noise (i.e. noise from inadequate flooring, footsteps, children playing, conversations and washing machines)	Report amplified sound, barking dogs and unreasonable DIY noise online at: https://www.thurrock.gov.uk/forms/report-pollution-or-noise
Street drinking	Thurrock Council has a Public Space Protection Order in place within Grays Town Centre. If anyone found drinking alcohol and displaying signs of anti-social behaviour will be issued with a Fixed Penalty Notice by either the Police or an authorised officer acting on behalf of the Council	Police online at https://www.essex.police.uk/ro/report/ by dialling 101 in cases of emergency dial 999 Or https://www.thurrock.gov.uk/forms/request-service?nid=550&page_nid=552
Misuse of fireworks	This should be reported to Essex Police as there are various criminal offences that deal with fireworks	Police online at https://www.essex.police.uk/ro/report/ or by dialling 101 in cases of emergency dial 999
Prostitution related activity	This should be reported to the Police as it’s a criminal offence	Police online at https://www.essex.police.uk/ro/report/ or by dialling 101 in cases of emergency dial 999
Nuisance neighbours	If you or your neighbours are Council tenants report to the Council If the property is privately owned/occupied Thurrock Council can issue a polite letter but as a local authority we have limited actions at our disposal If the property is rented through an agent or Housing Association report to them direct Essex Police have a Restorative Justice service which can assist in these circumstances If the property is a House of Multiple Occupation	https://www.thurrock.gov.uk/forms/request-service?nid=302&page_nid=303 Report direct to your landlord https://www.restorativeessex.co.uk/ https://www.thurrock.gov.uk/forms/report-house-in-multiple-occupation-hmo
Rowdy & inconsiderate behaviour	This should be reported to the Police	Police online at https://www.essex.police.uk/ro/report/ or by dialling 101 in cases of emergency dial 999
Homeless People	This should be reported to Street Link who will attend and provide support	www.streetlink.org.uk

Frequently asked questions

I’m a private tenant. Can Thurrock Council assist with my ASB?

We will not be able to deal with ASB involving ‘Private on Private residents, by private we mean any person that is not a council tenant or resident. However, we are able to investigate complaints involving when one of the parties is a Council tenant

How can I report anti-social behaviour?

You can report ASB in the following ways

• report it online Link to be added on all four

• contact your estate officer

• contact Crimestoppers anonymously

If it is appropriate or you think the ASB may be crime related you can also report ASB to Essex Police using their non-emergency telephone line – Call 101. In an emergency always use 999.

How quickly will you respond to my complaint of anti-social behaviour ?

We categorise Anti-Social Behaviour as either ‘High’ Medium or Low ‘Nuisance’ anti-social behaviour. This is normally established when a risk assessment is completed.

In line with our Service Standards, if you make a complaint that we categorise as ‘High’ anti-social behaviour such as: physical assaults, serious criminal behaviour, hate crimes. We will contact you within ONE working day.

If you make a complaint that we categorise as ‘Medium or Low’ anti-social behaviour such as non-physical abuse, anti social noise, youth nuisance, selling or using drugs illegally, , offensive drunkenness, we will contact you within THREE to FIVE working days.

Can I make an anonymous complaint of anti-social behaviour ?

Unfortunately we will not investigate anonymous complaints of anti-social behaviour, however anonymous information relating to criminal activity can be reported to Crime stoppers via https://crimestoppers-uk.org/

My neighbours are noisy. What can I do?

Try talking to your neighbour in an amicable way first, they may not realise they are disturbing you. Don’t be too hasty, if a noise is only occasional or is a one off event it may not be appropriate to take the matter up. Some noise will be considered anti-social behaviour but some is not. If you are encountering noise which is anti-social behaviour and either you or the person causing this is a Thurrock Council tenant you can report this.

Will the person complained about know that I have made a complaint ?

Thurrock Council takes the confidentiality of anyone reporting anti-social behaviour very seriously. This means that any information, written or verbal, will be held in confidence and treated with the utmost care.

When you make a complaint, we will discuss with you, any action that we propose to take to ensure that you are comfortable with the proposed action.

Whilst we will do everything possible to protect your identity you need to consider that if you are making a complaint about a neighbour regarding an incident that only you could have witnessed, then they may know that it is you who has made the complaint.

You should also be aware that if you go to court and you have provided a witness statement, a copy of this will be provided to the alleged perpetrator.

I have been asked to complete diary sheets, why do I need to do this?

Complainants may be asked to complete diary sheets or logs recording incidents that occur in order for Thurrock Council to assess the anti-social behaviour and decide what action to take. We will not ask you to complete log sheets for long periods unless this is essential to provide evidence in court. In cases where legal action is taken, these logs are likely to be used as evidence to put to the court in support of the case along with other evidence such as witness statements. We will never use log sheets that someone had completed as evidence in court without their permission. Complainants of anti-social behaviour may be asked to appear as witnesses in court to support any legal action that may be taken. When we ask people to become witnesses we will support them, through the whole process.

I am a victim of anti-social behaviour, will you move me?

As a means to resolve anti-social behaviour we will not move either the complainant or the perpetrator unless there are exceptional circumstances. We will work with all parties to try to assist in resolving the matter. Tenants can still apply for a move in the usual way.

If you are one of our tenants, or a tenant of a housing association living in Thurrock, and want to move to a different council or housing association property in Thurrock, you can apply to join our transfer list.

For further information please email: [email protected]

My neighbours are causing anti-social behaviour. Will you move them?

Thurrock Council Housing ASB Team aim is to act to put a stop to anti-social behaviour. All Thurrock Council tenants have rights as well as responsibilities under their tenancy agreement and in order to move a person out against their will we would have to apply to the court for Possession of the property followed by eviction proceedings. A judge will make the decision whether to award a Possession Order based on the evidence given at court.

Taking someone’s home from them by eviction is the strongest possible action that a landlord can take and is a very last resort as a means of stopping anti-social behaviour . Thurrock Council, in working together within the Community Safety Partnership, must employ other methods of stopping the ASB first.

You have contacted me about anti-social behaviour, what shall I do?

If we have made contact with you to discuss anti-social behaviour following a complaint that has been made about you or your household, please do not ignore it. Contact us as soon as possible to discuss the matter; it is important that we understand both sides of the story.

If you are causing anti-social behaviour and you do not engage with us to deal with the complaint we may have to consider taking enforcement action against you. It is far better that we are able to discuss this with you so that you understand the impact that the behaviour is having on others and what needs to be done to stop this, we will also explain the consequences if the ASB were to continue.

I have been asked to have mediation with my neighbour, why should I do this?

Mediation is a way to resolve disputes between neighbours, particularly when there are underlying issues as a result of a difference in lifestyle or fall out between neighbours.
Trained mediators can enable people to resolve their differences themselves. They are independent, impartial, confidential and non-judgmental.
If you have been asked to go to mediation, we ask that you consider it. It is often a quick and effective way to resolve the anti-social behaviour you are experiencing and will also allow the person causing the behaviour to understand the effect it is having on you.

We will only offer mediation where it is appropriate to do so.

I am a victim of hate crime, what should I do?

If you report an incident of hate crime, we will deal with your case urgently and in a sensitive and understanding way. There are a number of ways we offer support to you:

We will work with you to ensure that you feel safe in your own home by offering target hardening measures such as window alarms, extra locks and letter box covers.
With your consent we will make a referral to a support agency
If you report offensive graffiti we will aim to remove this within 24 hours
If you report damage to your property as a result of hate crime, we aim to repair this within 24 hours.

Any reports of hate-related incidents or hate crime made to Thurrock Council will be dealt with under our Anti-social Behaviour policy. Reports will be thoroughly investigated and those who are guilty of this will be held accountable. As well as being a criminal offence, hate crime is also a breach of tenancy.

https://www.essex.police.uk/advice/advice-and-information/hco/hate-crime/

https://www.thurrock.gov.uk/hate-crime/report-hate-crime

Report anti-social behaviour

We deal with ASB where the person causing the problem is a council tenant or it affects a council tenant. You can:

What we can do

People accused of ASB may not know they are causing a problem. Letting them know someone has complained can sometimes makes things better. We never say who has made the complaint.

If speaking to them doesn't solve the problem, a number of options are open to us, including:

Warning letters
Acceptable Behaviour Agreement
Community Protection Warning
Community Protection Notice
Criminal Behaviour Orders
Notice of Seeking Possession
Closure Orders
Civil injunctions
Eviction

While we don't want to make people homeless, sometimes a serious breach of a tenancy agreement could result in eviction.