Enforcement approach

The Authority understands that incidents of ASB and environmental crime can happen at any time and that there is a need to ensure staff are approachable, responsible and accessible.  It is important that reporting incidents is as easy as possible for our customers.  Each case will be investigated according to the individual circumstances, and the enforcement approach will be tailored according to the risk involved and, in all cases, we would look at proportionality. Reports can be made to The Authority through several different ways including:  

We encourage customers to provide us with their details so that the appropriate support, updates and feedback can be provided. We look to understand the problems that they are experiencing and feel that direct communication helps us with this. Information that the customer provide will not be disclosed to any other person without discussing this with them first. We will respect any requests to remain anonymous, and a complaint received anonymously will not be ignored. However, this may limit the investigation or actions that we can take. It is difficult to take action against a tenancy solely on an anonymous complaint. All anonymous reports will be recorded when they are received. We will make 10 reasonable attempts to substantiate the report, for example by carrying out letter drops and speaking to local policing teams where appropriate. 

The Authority is committed to thoroughly investigating all complaints of ASB neighbour nuisance and environmental crime. The Authority will implement appropriate, responsive and proportionate action against those who commit ASB and nuisance whether it is being caused by them, their family, household members or visitors.  

Victims, witnesses, staff and any other agencies involved will be supported and kept up to date and informed of progress or lack of progress in a case.   

The Authority will not rehouse victims, witnesses or perpetrators involved in an active ASB case to resolve a dispute (except in exceptional circumstances).  

Where applicable, residents are always expected to abide by the terms of their tenancy agreement or their lease agreement.   If a case of ASB is reported that relates to a tenant or leaseholder, the tenancy agreement/lease will be checked to establish if a condition or conditions have been breached and appropriate, proportionate enforcement action taken.  

The Authority will work with owner occupiers and private landlords and other providers, in partnership with other agencies to manage concerns surrounding ASB. 

The Authority recognise that it is important to understand the underlying causes of unacceptable behaviour of individuals.  The Authority will challenge this behaviour and will offer support to perpetrators offering a chance for individuals to change.  

We may use evidence from sound equipment, body cameras, CCTV, cameras and photographic equipment, the Police and professional witnesses to enable enforcement action to be taken against persons responsible for crime or ASB.   

The Authority is committed to eliminating all forms of hate crime and harassment and domestic abuse. These reports are taken very seriously and will be investigated under The Authority’s policies relating to those specific matters.  

Officers will work towards set timescales for resolving a complaint, however timescales may not always be met due to circumstances such as delays in court proceedings, evidence gathering or other factors.  Officers will look to close cases when they have been fully investigated and where possible in agreement with the victim.    

The Authority believes that it is important to inform victims, witnesses and the community of the actions which have been taken to tackle ASB.  We also believe that if people feel confident that ASB is being tackled people will feel safer to go about their daily lives without fear.  

We will publicise appropriate cases, although the scope and detail of any publicity will always be considered on a case-by-case basis and in line with Data Protection.   

Every case must be dealt with individually and the response will be tailored to specific needs and circumstances.   

We may not consider it necessary to classify everything that is reported as ASB, it may be that these reports are everyday living noise or minor differences in lifestyle rather than ASB.  Therefore, these reports will not be investigated under the ASB policy or procedures. Examples include:  

  • DIY during reasonable hours
  • Mowing the lawn
  • Children playing   

We will not take action against children playing in and around their homes.  Unless the children playing are engaged in verbal abuse, criminal damage or serious nuisance. 

When we receive a report of neighbour nuisance or ASB, staff will, as part of every investigation always try to contact the complainant to find out as much information as we can.  It is vital that victims work with officers to help resolve their concerns.   

We may request that victims and witnesses provide statements and attend court. Staff will support victims and witnesses in this process.   

All tenants and leaseholders have a responsibility to ensure they do not make malicious complaints about their neighbours, visitors or anyone engaged in lawful activity around their property.  Malicious complaints can have a detrimental effect on our housing management function.  The Authority takes malicious complaints very seriously and we will take appropriate action against anyone found doing so.   

ASB towards our staff and contractors will not be tolerated.  All staff have an obligation to report any incident of ASB.   

In making an enforcement decision, officers will consider the following in line with the Corporate Enforcement Policy:   

  • Seriousness and prevalence of the offence
  • The quality of available evidence and probability of the enforcement action under consideration being successful
  • The perpetrator’s history and likelihood of re-offending   
  • The likely effectiveness of the deterrent that successful enforcement action would achieve
  • The impact on the community and victims connected