Antisocial behaviour

Our antisocial behaviour and harassment policy (PDF) covers ASB and harassment experienced by our customers, their neighbours, our colleagues and contractors. For a quick and easy guide on what ASB is and how we can work with you to tackle it, you can take a look at our easy read ASB guide (PDF). 

The policy covers what ASB is, our approach to tackling problems, how we can support you and how we take a community-based approach. 

We're committed to tackling ASB and harassment experienced by our customers, their neighbours, staff and contractors. This policy says how we’ll prevent and stop ASB in our places. We'll do this by:

• Being clear from the start of the likely outcome of the case.
• Being clear about our expectations of our customers.
• Acting quickly when there is a problem.
• Making sure we see all sides of the story.
• Working with those causing problems to help them see how their behaviour affects others.
• Keeping in regular touch with our customers until problems are sorted.

Just so you know, we’ve a separate policy covering Domestic Abuse.

Who's this for?

It’s for all properties owned or managed by Yorkshire Housing.  It’s for our customers, people who live with them or people visiting. If they cause problems in the surrounding area, it's for that too. And it also covers our colleagues. We’re happy to help where our customers are causing problems whoever you are.

Partnership working 

The effective prevention and management of ASB and harassment is reliant on successful partnership working. Where serious incidents, such as hate crimes, are reported our first priority will be to work with the police to ensure the safety of the victim(s) and coordinate legal action taken against the accused party. The police have extensive powers under the Protection from Harassment Act 1997, ASB, Police and Crime Act 2014 and the Telecommunications Act 1984 to caution and prosecute those who cause or who are “likely to” cause alarm and distress to others. Yorkshire Housing will seek to use these powers as well as our own remedies to prevent and stop ASB and harassment when it occurs. We recognise there is a growing problem of cyber stalking and bullying or harassment perpetrated through social networking sites. We will work closely with the victim and police to prevent and stop ASB and harassment through these means. 

Reporting ASB and harassment 

We investigate all reports of ASB and harassment quickly. We will conduct the investigation sensitively and through the use of our Antisocial Behaviour & Harassment procedure. The investigation will be carried out in a sensitive and discreet manner, and our actions guided based primarily by the safety needs of the victim(s). 

Enforcement action 

We will take the appropriate enforcement action on a case by case basis, whether that is a formal warning, or legal action against the tenancy or individual ‘non tenants’. Our Tenancy Agreement prohibits all members of the household from perpetrating acts of ASB, hate crime and/or harassing others. This provides Yorkshire Housing with the powers to use injunctions against those perpetrating these acts whether they are the tenant, family members or visitors to the property. It also allows Yorkshire Housing to evict perpetrators in serious cases. Some of the legal remedies we may use include (but are not limited to): Civil Injunctions (ASB, Crime & Policing Act 2014); Tenancy Injunctions; Exclusion Orders; Power of Arrest; and Possession (evictions). 

Under 18s 

Non-tenants 

Yorkshire Housing has the power to obtain injunctions against those perpetrating ASB and harassment who are not our tenants. We reserve the right on a case by case basis to exercise this power to protect our tenants, their families and members of staff from continued harm. As with cases involving our own tenants we will work with the police and other partners in line with any information sharing agreements and protocols in place. 

Safeguarding 

All employees will consider whether there are any safeguarding implications for each case, and consider whether any children or vulnerable adults are at risk of harm or self neglect. If so, Section 1 of the Safeguarding System will be completed within 24 hours of receiving the information and the case allocated to a Designated Safeguarding Persons (DSP) who will ensure the necessary actions are taken.

Support for victims and witnesses 

We take the safety and perception of safety, of victims and witnesses seriously. Where appropriate we will work with partners to provide additional safety measures, including but not limited to: regular police patrols; visits by officers; provision of personal alarms; and direct weekly contact with the victim. We will consider the use of CCTV and other practical victim support measures.

Support for vulnerable residents

We will consider whether victims, witnesses or accused parties have any support needs that may affect their case. We will be sensitive about allegations against those that already feel stigmatised or victimised. We will take appropriate action in these cases according to our Protection of Vulnerable Adult and Safeguarding Children policies. Where we are considering legal action against an individual for ASB or harassment, we will ensure we are not discriminating against that person because of a disability and remain complaint with the Equality Act 2010 by justifying such action as legitimate and proportionate.

Risk assessment 

We will carry out risk assessment protocols to ensure a consistent approach when offering support and practical safety measures to victims and/or when deciding if a referral to partner agencies is required.

Monitoring our service 

We collect data to show we meet our performance targets; that we do not discriminate against anyone in any individual case; to establish how satisfied victims are with the service and where we can make improvements.

Publicising our service

We use publicity to encourage victims and witnesses to report incidents of ASB and harassment and to raise awareness of how to report such incidents and what support is available to the victim. We also use publicity to deter accused parties and to re-state the link between criminal behaviour and the risk of eviction. We do this in a number of ways:

• Leaflets
• Yorkshire Housing website
• Social media
• Local press and media stories

Data protection and confidentiality

We comply with the Data Protection Act 2018 that sets out requirements for ensuring data about individuals is properly protected, and only shared in a lawful way. Any information shared:
will be necessary, relevant and not excessive

• will be shared fairly and transparently
• will be accurate and up-to-date
• won’t be kept any longer than is necessary
• will be kept secure

Staff will at all times be vigilant to ensure that they maintain confidentiality, and do not give details of cases they are involved in or aware of to any person inappropriately. We will be sensitive to the effect that disclosure of identity to an accused party or any other party could have on a reporting party. We will only disclose the reporting party’s identity to the accused party and any other parties including doctors and teachers with their explicit and recorded permission.

Equality and diversity implications 

This policy will be used in conjunction with Yorkshire Housing’s Equality & Fairness Strategy. Yorkshire Housing treats all customers under this policy fairly and equitably regardless of age, gender, race, colour, religious belief, physical or mental disability, sexual orientation, culture, ability or lifestyle. Yorkshire Housing will widely publicise, in appropriate languages its policy and procedure relating to all forms of harassment and will ensure that where requested, interpretation and translation services are made available to victims of racial harassment. 

As a witness of antisocial behaviour and harassment you are playing a vital role in helping us protect your community and to improve the quality of life for all those who live, work and visit. This charter sets out our commitment to you going forward. Witnesses involved in giving evidence will receive our assistance and full support. We understand that reporting problems and giving evidence in court can be difficult decisions and that victims require specific support and guidance from us. This charter outlines our minimum service standards in supporting witnesses from the initial complaint to preparing a case and attending court. We will continue to support witnesses after legal action has been concluded. We understand that the needs of a witness will differ from person to person and we will ensure that the support we provide is tailored to meet an individual’s needs. When you are considering becoming a witness we will meet with you to discuss this Charter in detail, explaining the standards and the commitment it provides you, and we will be available to answer any questions you may have.

Reporting Incidents

• You can report an incident of antisocial behaviour in writing, in person, by telephoning us or someone can report it for you
• All your reports will be treated in strict confidence and never revealed to a third party without your knowledge and consent
• Your report will always be taken seriously and we will arrange for a housing officer to speak to you in person within 5 working days
• We will ensure we listen carefully to your report and record it accurately
• Any urgent reports concerning violence, threats or serious property damage will be treated as top priority and we will interview you within 24 hours

Discretion and Confidentiality

• Yorkshire Housing will guarantee your anonymity up until you agree to become a formal witness.
• If you become a formal witness, the accused party will know your name and address and will eventually read your signed statement.
• If your case is very high risk you can give your evidence anonymously.
• We will be discreet when visiting your home or arrange to meet you elsewhere.
• We will not discuss your involvement in the case with any third party, unless you are happy for us to do so.

Progress of your case

• Once the investigation is underway, we will update you on progress at least once a week by telephone, email, text, visit or letter. We will explain clearly and carefully reasons behind all our decisions.
• We will ask you to complete written records of further incidents and we will help your keep excellent records. We will look after all evidence carefully and we will not pass on your information to a third party without your permission.
• If you report threats, violence or serious intimidation during the investigation we will investigate these immediately (no longer than 24hrs). We will discuss with you whether any additional support or security measures are needed.

Making a statement

• We will arrange to take your statement as soon as possible at a time and location convenient to you. We will ensure it is an accurate record and you are comfortable with what it says before you are asked to sign it.
• We will provide you with a copy of your signed statement.
• Your statement will not be used until you have checked, signed and agreed its use.

Taking legal action 

• Yorkshire Housing will not start legal proceedings against the accused party without your advance knowledge, and we will keep you informed at each stage of proceedings.
• We will discuss the proposed legal remedies with you and arrange for you to speak to our solicitor if you want.
• We will assess the risks you and your family face on a daily basis and respond if these escalate. If you need us we can keep in touch with you outside office hours. You will be given the direct telephone number of a person who can discuss the case with you

Preparing for Court

• We will ask you to advise us of any dates you will be unavailable and will liaise with the court to try and avoid such dates.
• Where possible we will give you advance notice of the hearing date and any changes to it, and we will try to ensure that you only attend court when you are needed to give evidence.
• We will help you with the practical arrangements for your attendance at court which may include providing transport and an escort to and from court.
• We will provide you with information about what happens at court and discuss any concerns you may have.
• Before any hearing, we will ask court officials to provide for any disability or medical condition that you may have.
• If you have any language or communication needs, we will organise an interpreter or signer for the hearing.

In the Court Building

• You will be able to bring someone to support you at court.
• The ASB and tenancy enforcement officer will accompany you at all times during and after the trial.
• You will have further opportunities to read your statement and to ask any questions from your ASB and tenancy enforcement officer or the solicitor.
• You will not be waiting in the same room as the accused parties, or ever left alone in the court building. 
• We will ensure that the outcome of the hearing is fully explained to you before you leave the building.  

What outcomes are possible at Court? Injunctions – An injunction is an order from a court that tells someone to either stop doing a certain thing (like playing loud music) or to do a certain thing (like tidy their gardens). Breaking an injunction is a serious offence that can lead to a fine or prison. There are two types of injunctions:

• Tenancy Injunction
• Injunction to Prevent Nuisance and Annoyance(IPNA)

Undertakings – Sometimes the accused party can agree to give an undertaking rather than go through the full injunction procedure. This is a promise to the court to do a certain thing or not to do something. You won’t normally need to answer questions. Breaking an undertaking is as serious as breaking an injunction.

“Without Notice” – In cases of violence or threatened violence we can obtain an emergency injunction within a day and without the accused party having prior knowledge or “notice”

“With Notice” – This is the most common injunction we use. The accused party will receive all the evidence and will be given “notice” of the trial so he/she can defend themselves. The Injunction Order lasts for a specified time, usually 12 months.

Power of Arrest – Sometimes, if there is a real risk of harm to neighbours the judge will attach a power of arrest to the injunction. This allows the police to arrest the accused party on “reasonable suspicion” of breaching the Order. The police will then deliver the accused party in to court the following morning. If you have witnessed this incident, you will be required to attend in person as a witness.

Committal – Most injunctions work and the problems stop. However, if the accused party ignores an injunction or an undertaking they’re in contempt of court. This is a serious offence and Yorkshire Housing will need to return to the courts to seek a further trial which is called a committal hearing. The penalties for breaking an injunction are a fine, or prison sentence, or both. The evidence must be detailed and convincing. It is almost certain that if you have witnessed any breaches you will be needed to give evidence in front of the judge.

What other outcomes are possible at Court? Possession – We can ask the court to evict a tenant because of their antisocial behaviour or that of someone living with or visiting them. Such a case can last several days. You’ll almost certainly have to answer questions from the accused party's solicitor. The judge may ask you questions too. The judge listens to the evidence and decides if the possession can go ahead. There are two possible outcomes:

• Immediate possession – the tenant has to move out within a certain time decided by the judge – usually no more than 28 days.
• Suspended possession – the judge sets a time period (usually two years) when the tenant must not repeat their behaviour. If they do, we can go back to court and ask for immediate possession.

After the trial

Yorkshire Housing understands that for some witnesses the case does not end with a trial, but only when the accused parties have stopped their antisocial behaviour or harassment. We will continue our support, advice and our legal actions until the problems have stopped. We will keep in regular contact with you until the case can be formally closed.  

Words & phrases used in Court Affidavit – A written description of events that a witness must swear or affirm is true in court.

Affirm – Confirm the truth or something in court – a non-religious alternative to swearing an oath.

Barrister – A legal representative who is experienced in presenting or defending cases in front of the judge.

Claimant – The person or organisation bringing the legal case to Court (in this case it would be Yorkshire Housing)

Committal Hearing – A court case held to decide if the Defendant has ignored or broken a Court Order such as an injunction.

Contempt of Court or Disobeying the Court – Breaking a Court Order is a serious criminal offence. The judge can send the Defendant to prison for up to 5 years, or fine them, or both. It is also likely that the Association (Yorkshire Housing) will begin eviction proceedings as well.

County Court – The court where a civil case is heard. Most of Yorkshire Housing’s actions are in the County Court. The police often use the Magistrates Court for criminal cases.

Defendant – The person Yorkshire Housing is bringing the case against (usually the accused party).

Injunction – An order from a court that tells someone to stop doing a certain thing or to do a certain thing

Accused party – The person causing the antisocial behaviour or harassment.

Power of Arrest – The police are given the authority to arrest the Defendant if they “reasonably believe” the Court Order has been broken. The judge will grant such a power if there is significant risk of harm to others.

Solicitor – An experienced lawyer acting on behalf of Yorkshire Housing (Claimant) from the very beginning of the case.

Statement – A written record of events based on the incident diary that the witness signs as true. In Committal hearings, the witness will swear an affidavit in front of a court employee.

Suspended Sentence – A prison sentence that is only enforced if the accused party breaks a further court order within a time set by the judge.

Swear on Oath – Confirm the truth of something in court – done on a bible or other religious book.

Tenancy Agreement – The legal contract of rules between the landlord and a tenant.

Undertaking – A solemn promise made to the court by a accused party to do a certain thing, or not do something.  

Support for Victims & Witnesses We always treat your report as confidential. Many victims and witnesses feel too frightened and intimidated to report problems or to be witnesses in any legal action. This section sets out what you can do to overcome these fears and what support Yorkshire Housing can offer.

Close and Regular Contact – We will keep in touch with you at least every two weeks but more frequently if you need us to.

CCTV - We have a supply of different camera equipment that can be installed in your home to help protect property and monitor further incidents.

Out of Hours Service – We can provide witness support at weekends whereby our experienced members of staff can contact you by telephone at pre-arranged times to offer support and advice and to take details of any further incident.

Physical Security Measures – Victims and witnesses can have improved security for their property such as: extra locks fitted to doors and windows; a security light; letter box grill.

Going to Court – If you're acting as a witness, Yorkshire Housing will explain to you what will happen.  We will make sure you don’t have to share any waiting area with the accused party if you don’t feel comfortable with it

Injunctions – If the victim or witness is directly threatened or faces increased problems because of their help in the case, Yorkshire Housing will seek urgent Injunctions to prevent further incidents. These have been very successful in the past. 

What you can do 

• Report all serious incidents to Yorkshire Housing and the police immediately
• Keep good records when things happen, download the ASB App to upload recordings,videos and notes about what is happening.
• Talk with neighbours and other victims
• Tell us if you need extra support and seek help from health professionals if you feel that you need it
• Keep in touch with your housing officer at Yorkshire Housing

When you report antisocial behaviour to us, we’ll ask you to gather evidence so we can progress your case. Sometimes this might involve taking pictures or filming from your phone so you must be mindful about why you’re doing it and what you do with that footage once you have it.

This guidance covers what’s appropriate and what your responsibilities are.

You can use CCTV or video doorbells to protect your home from crime and antisocial behaviour. If you're installing CCTV, then you'll need permission to do this. However, you don’t need to ask our permission to use a video doorbell camera.

Check out our guidance to find everything you need to know.