Anti Social Behaviour Leaseholders

1. Anti Social BehaviourLeaseholders Rachel Henry – Bury Council ASB Manager Contact: 0161 253 7785 R.E.Henry@bury.gov.uk

2. Six Town Housing • Our Vision: Great Communities Excellent Services Inspiring People

3. Service Vision “Creating safe, peaceful and clean communities by working together to tackle anti-social behaviour effectively”

4. Aims of the Service. • To listen to our residents • To be pro-active in solving problems • To respond to ASB complaints quickly and effectively • To support residents to solve problems themselves where appropriate • To support people experiencing ASB. • To assist vulnerable tenants to sustain their tenancies • To tailor solutions to problems and to be open and honest about what we do. • To try and resolve problems before legal action becomes necessary. • To maintain confidentiality at all times. • To provide a consistent and customer focussed service to each individual resident.

5. ASB Team. • 1 Team Leader. • 3 ASB Enforcement Officers. • 3 ASB Caseworkers. • 1 Admin Officer. • 2 ASB Caseworkers working in the private sector

6. 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.

7. 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.

8. 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

9. Confidentiality • Confidentiality to residents • Extremely important in order to tackle asb • Awareness of fear of reprisals • Diaries not used without consent of individual

10. 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).

11. 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.

12. 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.

13. 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

14. 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.

15. 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

16. 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.

18. 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

19. 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.

20. 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.

21. 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.

22. 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.

23. ANY QUESTIONS??