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Anti-Social Behaviour – Statement of Housing Landlord's Policy

Dartford Borough Council is actively working to reduce anti-social behaviour (ASB) across the whole of the Borough.

This Anti Social Behaviour Policy sets out the action Dartford Borough Council (the Council) takes as a social landlord tackling anti-social behaviour in the Borough. The statement focuses on the housing role of the Council as is required by the Anti Social Behaviour Act 2003 (the 2003 Act), whilst setting out the range of agencies working together to prevent anti social behaviour and promote strong successful communities.  

Housing Management is the department within the Council that carries out landlord duties and manages Council owned homes.   The Anti Social Behaviour Co-ordinator is the Lead Officer for the Council as a whole and the liaison officer for co-ordinating action on anti social behaviour between the Council both internally and externally with partner agencies

1.   Anti Social Behaviour Policy Commitment :

To tackle the problems created by anti-social behaviour.   The Council will:

• Provide an accessible, effective service, which encourages residents to report incidents;
• Develop community safety strategies to prevent anti social behaviour and take firm action against perpetrators;
• Support victims and witnesses, complying with procedures on confidentiality at all times;
• Protect vulnerable groups, tackling inequality and discrimination;
• Work in partnership with tenants, residents and others agencies to provide an effective response. 

2.   Definition :

The working definition of anti social behaviour that is covered within this policy and associated procedures is:

‘Anti Social Behaviour is behaviour that is capable of causing a nuisance, annoyance or distress to any person living in, working in or visiting the Borough.'

3.   Types of Anti Social Behaviour:

Categories of anti social behaviour include, but are not limited to the following:

• Using or threatening to use violence
• Intimidation
• Criminal activity including damage to property
• Noisy and rowdy behaviour
• Writing threatening, abusive or insulting graffiti
• Litter and rubbish dumping
• Uncontrolled pets
• Using and selling drugs
• Nuisance from vehicles including parking and abandonment
• Other conduct likely to cause harassment, alarm or distress

Anti social behaviour also includes behaviour and activities that are covered in more detail within specific policies, procedures and practices;

• Racial incident reporting – an established procedure for reporting racial incidents across all departments of the Council.
• Domestic Violence - in most cases will be an offence against the victim and a breach of the Council's Tenancy Agreement.   Domestic violence may also be reported as a cause of nuisance and distress to neighbours. 

4.   Strategic Context: 

The Corporate Plan sets out the Council's vision to make Dartford “the place of choice”, and a place where people choose to live, work and enjoy their leisure time. To support this vision the Council has seven priority themes and associated key actions to ensure that these are achieved. They include:

• To work closely with the Police and other agencies to take clear actions towards reducing the level of crime and the fear of crime, recognising that this is a key quality of life issue for residents.
• To focus on tackling anti-social behaviour, criminal damage and graffiti and ensuring there is zero tolerance of unauthorised encampments in the Borough.
• To build on the current network of Police Community Support Officers and Community Wardens to reinforce a new commitment to safe town and village centres.
• To design out crime wherever possible and pro-actively use and develop CCTV to tackle and prevent crime.
• The Council will work in partnership with residents, business, the voluntary sector, the Local Strategic Partnership and other relevant parties, to build a stronger, safer, socially inclusive community.

Local Plan Review – amended deposit draft 2000 – states that proposals for new development will only be permitted which incorporate the following measures to protect the security of people and property:

• I. Well used or overlooked streets and spaces which allow for natural surveillance, especially play areas and communal space;
• II. A design that provides a clear definition of ownership and responsibility for each part of the development; and
• III. Clear and direct routes through an area fro all forms of movement.

Such measures should maximise natural surveillance wherever possible and be acceptable in design, conservation and transport terms.

The Council as a Landlord has a particular contribution to make towards achieving the objectives for Dartford as a ‘place of choice', and this Anti Social Behaviour Policy will play an important part in this.

The Anti Social Behaviour Strategy will direct the Council's approach to tackling anti social behaviour generally and not only within Housing Management.

The Crime and Disorder Strategy 2002–5 was produced by the Community Safety Partnership, a partnership of Dartford Borough Council, Kent County Council, Kent Police, Kent Fire and Rescue Service, Kent Police Authority, Dartford Gravesham and Swanley Primary Care Trust and Kent Probation Service.   It sets out how the partnership will reduce crime, and the fear of crime in Dartford , and is informed by a Crime and Disorder Audit carried out every 3 years.   A new Strategy will be in place by 1 April 2005 for 2005 – 2008.

The Dartford Borough Council Housing Strategy includes within it Strategic Objectives to “reduce anti social behaviour and improve the quality of the environment on the estates” and specific targets to:

• Implement Introductory Tenancies by April 2005
• Consider proposals for the introduction of Demoted Tenancies by September 2005
• Carry out Deep Clean operations in a further 6 Wards by March 2005

Additionally within the Housing Strategy there are the following commitments:

• Supporting Vulnerable People – to promote independent living and to ensure that the most vulnerable in our community benefit from being able to access appropriate accommodation and support.
• Black and Minority Ethnic (BME) Households – to ensure that all tenants and residents have fair and equal access to housing and services.

Good quality, well managed housing provision and services are essential to improving the Council's response to, and prevention of anti social behaviour, providing the vision and framework for achieving this.

The Private Sector Renewal Strategy sets out the Council's aims to enhance the quality of life of private sector residents and to assist the private housing sector to contribute to meeting local housing needs. Two of the key action areas within the strategy, which take into account anti social behaviour are:

• Supporting   vulnerable homeowners and private tenants
• Bringing empty properties (which frequently attract vandalism and other causes of nuisance) back into use

The Dartford Homelessness Strategy was developed with partners, following a homelessness review, as required by the Homelessness Act 2002.   It identified 4 Strategic Objectives:

• To prevent homelessness wherever possible through maximising the provision of appropriate advice and support to those at risk of homelessness
• Provide a range of accommodation for homeless households and maximise the supply of affordable housing for all households
• Ensure there is sufficient and appropriate support to meet the needs of various client groups
• Improve access to health and social care for homeless people

The aim is to prevent homelessness by putting measures in place to help people, especially vulnerable people, maintain their tenancies.  

5.   General approach to ASB :

This Anti Social Behaviour Policy and other supporting procedures for the Council as a landlord will:

• enable and encourage complainants and witnesses to report incidents either themselves or on their behalf by a third party such as a social worker or officer of a local residents group,
• categorise complaints into neighbour dispute, neighbour nuisance or harassment in conjunction with the complainant and agree an action plan with them,
• initially respond to complaints within one working day for serious incidents of nuisance or harassment. For minor or routine problems arrange an interview within ten working days,
• ensure that early action is always taken to investigate and tackle incidents, and to prevent escalation to anti social behaviour of a more serious nature,
• ensure that reports of anti social behaviour are accurately recorded and monitored following a casework approach,
• ensure all relevant staff are fully trained to provide an excellent service,
• inform tenants and leaseholders of the services that the Council and other agencies provide,
• take effective legal action against perpetrators,
• identify and implement preventative measures,
• work in partnership with the Police and other agencies,
• investigate complaints in an objective, sensitive, confidential and unbiased manner,
• to be aware of the needs of vulnerable tenants,
• for less serious incidents put in a framework to enable tenants to find solutions amongst themselves.

6a   Range of internal services the Council offers to tackle Anti Social Behaviour

Tenants, leaseholders and staff have access to a variety of services provided by the Council as a landlord to tackle anti social behaviour.

Housing Management

Housing Management staff based at the Civic Centre are the first point of contact for tenants to report incidents of anti social behaviour.   Housing Officers, who are fully trained in dealing with anti social behaviour, make initial and ongoing assessments including obtaining evidence for the Court including copies of all reports, and manage the majority of cases until their resolution.   They discuss action plans with complainants, raise the complaints with alleged perpetrators and monitor and record the progress of cases.   Senior staff regularly monitor the action taken on each case.  

Anti Social Behaviour Co-ordination

The Anti Social Behaviour Co-ordinator is funded from the Home Office Building Safer Communities Fund.   The Anti Social Behaviour Co-ordinator takes referrals from Housing staff on more serious cases of anti social behaviour and progresses the most serious cases to the Anti Social Behaviour Group.   This is a multi agency group formed under the Community Safety Partnership which takes the most serious cases forward for ASBO's or other appropriate action and intervention.

Environmental Health

When noise nuisance is particularly severe, out of hours visits can be arranged to investigate nuisance problems.   The Environmental Health Team can also deal with some aspects of rubbish dumping, odours from filthy properties/gardens and nuisance bonfires.   They also liaise with Housing Management staff.

The Housing Advice Team

Provide an advice and support service to private sector residents.   This includes advice on illegal eviction and harassment.

The Housing Options Team

Homelessness Officers assess applications from homeless individuals and households, and are responsible for ensuring that the Council meets it Statutory Duties under the Homelessness Legislation.

Management Transfers

The Tenancy Services Manager may authorise an offer of accommodation outside of the Choice Based Lettings Scheme where, a written recommendation is received from the Police or Social Services to transfer a household because of domestic violence, severe harassment, and households placed under the witness protection programme, where the Council's Housing Management Policy has not resolved the problem, rendering a transfer the only option.

For applicants who are not intentionally homeless and are entitled to assistance, permanent rehousing may be provided. The Housing Options Team will ensure sensitive allocation to the victim, giving advice to applicants and agencies about policy and procedures, and liaising with caseworkers.  

Legal Services  

Legal Services provide a professional legal advice service, including guidance on cases of anti social behaviour, harassment, and nuisance and the preparation of Court cases.  

Community Safety Team

The Community Safety Team helps develop, coordinate and monitor the Council's work to reduce crime, disorder and anti social behaviour and the fear of these in Dartford . This includes an Anti-Social Behaviour Co-ordinator who is available to help residents who are experiencing anti social behaviour.

Resettlement

Where vulnerable people are re-housed through the twenty one a year quota they are provided with a support package from the appropriate agency. Floating support is available to tenants who may have difficulties in maintaining a tenancy satisfactorily from those with learning disabilities to families with support needs, those with alcohol/drug problems etc. The support can range from budgeting to management of acceptable behaviour.   Housing Services will make a referral to this scheme if appropriate.

The Out-of-Hours Service

This service receives calls outside office hours and ensures reports are passed to appropriate departments.   They can also arrange emergency repairs and security measures for council tenants.  

The Community Alarm Service

Provides a 24-hour response to customers who are linked to the service, and makes referrals on to other staff as appropriate.  

Supported Housing Service

This Team carries out housing management functions in supported housing, including referring/reporting anti social behaviour to Housing Officers.

Deep Clean

Deep Cleans occur in geographical Wards.   Deep Cleans provide a one-stop response to environmental problems including graffiti, litter, drug paraphernalia, fly tipping and fly posting, and abandoned vehicles.

Dog Warden

The Dog Warden responds to requests to catch stray dogs, and patrol areas where there are problems with strays and fouling.   They can also investigate the conditions under which animals are being kept.

6b Range of external services available to tackle anti social behaviour

In addition to the resources available internally to tackle anti social behaviour there are also external agencies with powers and responsibilities as follows:  

Social Services Department  

Kent County Council has a range of social services powers and responsibilities, which are relevant to anti social behaviour. These include the promotion of social welfare, protection of children and community care. Under their Statutory Duties, Social Services staff support vulnerable groups such as the elderly, people with learning disabilities and those with mental health problems. Under their responsibilities in the criminal justice system, they also carry out supervision of offenders and provide support to victims of crime. There is also social work input where anti social behaviour is related to parenting difficulties, drug and alcohol misuse and offences committed by children.

Social workers will aim to get the co-operation and consent of families or individuals before involvement, but the department also has powers and statutory responsibilities which must be exercised, in some circumstances without the active co-operation of families or individuals.  

Housing Management staff work closely with social workers to resolve problems most effectively.

Education Service

Housing Management staff liaise with local head teachers and school staff on cases of anti social behaviour where it is felt it would be useful.   There can often be exchanges of information which lead to a better understanding and resolution of anti social behaviour.   The Educational Welfare Officer has the statutory duty for school attendance.   The service addresses the wider social problems brought into school by the pupil which may affect his/her education by liasing with school and home.   They also often become involved with exclusions from school.  

Youth Offending Service  

This multi-disciplinary team provides structured support to young people with the aim of preventing re-offending.

7.   Obligations of Tenants and Residents:

The Council's anti social behaviour and associated policies set out the Council's obligation to ensure that residents have peaceable enjoyment of their homes.   At the same time, the Council has expectations that residents will show respect and tolerance towards their neighbours.  

7.1   Tenants:

Tenants have specific obligations which are set out in their Tenancy Agreement. Information is given to tenants on anti social behaviour when they sign their Tenancy Agreement.   The obligations are discussed again at a new tenant welfare visit made to all new tenants within the first 4-6 weeks of their tenancy.

The tenancy agreement is a legally binding contract between the Council and its tenants, and the Council will take all reasonable steps to ensure that it is complied with. Clause 8 of the Agreement states that the tenant is responsible for ensuring their own good behaviour, and that of their household members, visitors and pets.   Clause 4a states the tenant is required not to do anything which may be or become a nuisance, annoyance or inconvenience to others. Clause 4b states that members of the household or visitors must not commit harassment to other tenants, neighbours or any person visiting the area.

The Council gives detailed advice to tenants on how to try to resolve problems by dealing directly with their neighbours from the outset.   This guidance reinforces the Council's belief that this method is often the simplest and most effective way to deal with disputes, especially relatively minor ones.   Information is set out in tenant leaflets that are readily available at the Civic Centre.   Staff give support to tenants in dealing with their neighbours, and will monitor the progress.  

7.2   Council Leaseholders :

Council leaseholders are bound by the covenants and conditions specified in their lease. The wording and content of the conditions are very similar to those in the tenancy agreement, and similarly covers the leaseholder, their household members, pets and visitors.

If a leaseholder breaches any of these conditions, the Council may be able to apply for an injunction to enforce the terms of the Lease. In very serious cases, the Council may take proceedings to forfeit the lease. Any allegations of anti social behaviour caused by leaseholders are investigated by a Housing Officer.

7.3   Licensees and others:

The behaviour of residents who hold licences with the Council is bound by the conditions set out in the licence. Licencees will be in temporary accommodation provided by the Council and the conditions are fully explained to the resident when they sign an agreement for the occupation of the property.

8.   Delivering Policy on Anti Social Behaviour :

This Anti Social Behaviour Policy includes the following:

8.1   Providing an accessible and effective service

Reporting incidents

Housing Management staff will respond to initial complaints promptly, either by letter, telephone or home visit, within agreed timescales.   The Housing Officer will assess the complaint based on details given by the complainant and they will jointly agree an action plan.   The Housing Officer will keep the complainant informed in writing of any developments, and will make referrals to support services where necessary.   Staff may use various means to help communication if necessary, such as interpreters, translations, audio/visual aids etc.

Training

All existing and new Housing Management staff will receive training on anti social behaviour and associated policies. The written policy and procedures will be available on Dartford 's intranet as well as in a bound paper version, both of which will be regularly updated.   This helps staff to be well informed when dealing with cases on a day-to-day basis, and to keep abreast of significant changes.  

Publicity

The Council with its partner agencies aims to inform the public of its commitment to, and successes in dealing with anti social behaviour in the Borough.   Publicity on high profile cases can deter others from being anti-social, reaffirms the tenancy agreement and highlights wider Council policies to deal with anti social behaviour, which in turn make residents more confident that action will be taken.   However, caution is needed in handling sensitive issues and in avoiding the possible negative impact on the privacy of an individual through publicity.   The Council will have regard to the Data Protection Act 1998 and Human Rights Act 1998.

Preventing anti social behaviour and taking action against perpetrators

Prevention is an essential part of the Council's approach to anti social behaviour.   The Council employs a range of measures to prevent anti social behaviour, which include:

Mediation

The Council recognises mediation as a key tool to address a wide range of neighbour problems.   Mediation seeks to secure long term and lasting ways of resolving conflicts by mutual agreement.   Housing have close links with Mink, a mediation service which is available for referrals made by Housing Officers.   There is also a Young People's Mediation service provided by Breakthrough Plus.  

Acceptable Behaviour Agreements ( ABA )

These contracts, formulated with, and signed by young perpetrators of anti social behaviour agreeing to change their behaviour, are used as a preventative measure. The contract is specific to the individual and is often an alternative to more punitive types of action.   Any breach of the ABA would be taken into account when considering further action.

Diversionary activities

The Council recognises the benefits of providing opportunities/activities for potential perpetrators of anti social behaviour, especially young people, in order to help them to move away from acting in an anti-social way.   A variety of activities are arranged for the benefit of young people and diversionary activities are arranged in conjunction with our partnership agencies.

Designing out crime

The Council, in partnership with the Architectural Liaison Officers at Kent Police, identifies action the Council could take to reduce or eliminate the occurrence of anti social behaviour in a particular area by altering the physical design of an area.   For example, removing or rearranging planting or lighting in an area to remove dark hiding places.

Uniformed Warden Patrols

Uniformed Police Community Support Officers operate in several areas of the Borough, providing a visible presence in the community and gaining useful information on anti social behaviour and problems in the area to support the work of the Police.   Three new Community Wardens will also be deployed in Dartford in 2005 by Kent County Council.

A number of specialist agencies also provide services in preventing anti social behaviour. These include:

Youth Offending Service  

• This Team includes Social Services, the Probation Service, the Police, and Education and Health staff.  
• The Team intervene at an early stage in young people's offending career, offering structured programmes of support, with the aim of preventing reoffending.  
• The Team is a key partner in tackling crime and disorder in Dartford , working closely with Neighbourhood Services and other agencies.

8.3   Supporting victims and witnesses

Witness Support

The Council aims to provide practical support and protection for complainants and witnesses of anti social behaviour where and whilst there is a risk of recurrence or reprisal.   This may be through legal measures, e.g. obtaining an injunction; providing additional security works, or in severe cases, arranging temporary or permanent rehousing. Assistance will also be offered to support witnesses through the Court process, accompanying them and familiarising them with the Court system. A package is prepared for victims of anti social behaviour including diary sheets, useful numbers to call etc.

The Council also makes available emotional support, by referral to a range of services provided by the Council or by external partner agencies, such as Victim Support.

Professional Witnesses

Professional witnesses can be used to observe situations and give evidence in court when required, often in support of other witnesses' evidence.   The Council will consider using these witnesses in appropriate and serious cases to supplement the work of its Officers.

Confidentiality and information sharing

Staff will always maintain confidentiality when investigating anti social behaviour and the identity and other details of the complainant will only be revealed to other parties, agencies or departments with their agreement.

The Council has established arrangements within the Community Safety Partnership which sets out the formal working arrangements between the Council and the Police for dealing with crime, anti-social behaviour and disorder. It is supported by the Sharing of Information Protocol that applies to all Council directorates.   The Protocol ensures that only appropriate information is exchanged between the agencies when dealing with incidents and perpetrators, and that such information is used appropriately in accordance with the Data Protection Act 1998, the Human Rights Act 1998 and the Crime and Disorder Act 1998.  

8.4 Protecting Vulnerable Groups, tackling equality and discrimination

Protecting and supporting vulnerable groups

The Council recognises the importance of supporting the victims and perpetrators of anti social behaviour that are vulnerable and once identified the Housing Officer will arrange for any appropriate support through Social Services or any other Service Provider.

Domestic Violence Policy

The Council has an existing policy covering all aspects of domestic violence which supports this Anti Social Behaviour Policy.

8.5 Working with tenants, residents and partners 

The Council works with partners to deliver all aspects of the anti social behaviour service.  

Tenant Participation and Consultation

The Council places strong importance on working with tenants and residents on implementing and improving measures to tackle anti social behaviour. Tenants' views have a significant and direct impact on our approach.   Consultation and discussion about anti social behaviour has taken place through the Tenants Forum and other groups that provides for tenants and leaseholders to be involved in the review of polices including those on anti social behaviour. Additionally the Tenants' Forum has established a quarterly panel that monitors Anti Social Behaviour Initiatives.

Leaflets are also available and the policy will be publicised in The Link, the tenants' quarterly newsletter.  

Multi agency working

The Council plays a leading role within a number of multi agency groups under the leadership of the Community Safety Partnership

• Community Safety Partnership of the Council, Kent County Council, Kent Police, Probation, Kent Fire and Rescue Service , Kent Police Authority and Dartford Gravesham and Swanley Primary Care Trust   
• Community Safety Partnership local problem-solving groups held regularly in each of the focus areas.
• ASB Task Group – The Anti Social Behaviour Task Group considers issues of serious ASB which may result in an ASBO if appropriate.
• Criminal Damage Task Group – works to reduce crimes such as graffiti, vandalism and environmental crime across the Borough.
• North Kent Domestic Abuse Forum
• Drug and Alcohol Action Team
• Social Landlords Crime and Nuisance Group 

Monitoring

Targets and local performance indicators have been set to ensure that complaints of anti social behaviour are being dealt with effectively. The Housing Manager and ASB Co-ordinator provide monthly information on anti-social behaviour as follows:

No. of anti-social incidents reported No. of referrals to ASB group No. of Anti Social Behaviour Agreements No. of Anti Social Behaviour Orders No. of Notices Seeking Possession issued No. of racist incidents reported

Review of the policy

The Council will consult with service users, staff and internal/external agencies in the periodic review of policies and procedures.   The Housing Service will review the policy every three years.   Any legislative or government policy changes affecting anti-social behaviour will be reflected in amended policy and practice.

9.   FUTURE PLANS

Demoted Tenancies – the Council is committed to introducing Introductory Tenancies by April 2005, and to look to issue Demotion Orders (as specified in the Anti-Social Behaviour Act 2003), by September 2005.   These orders enable Local Authorities to reduce rights for existing tenants for a 12 month period where problems of anti-social behaviour have occurred.   A new Community Safety Strategy will be in place by 1 st April 2005 for 2005 – 2008.

Summary of Legislation Relating to Anti Social Behaviour:

The legal framework within which this Anti Social Behaviour Policy operates includes Anti Social Behaviour legislation, Housing legislation and other relevant legislation.

Anti Social Behaviour Legislation :

  The 2003 Anti Social Behaviour Act broadens the powers and duties of social landlords by:

• Requiring social landlords to publish and make available their policy and procedures on anti social behaviour.
• Extending the type of injunctions available to Landlords, and in cases where there is violence, providing a power of arrest.
• Enabling the landlord to obtain a Demotion Order from the County Court where a tenant has acted in an anti-social way.
• The order ends the existing tenancy and replaces it with a less secure demoted tenancy, affecting the tenant's right to buy and security of tenure for at least a year.
• Requiring Courts to take better account of the ongoing impact of anti social behaviour on victims, witnesses and the wider community when reaching decisions on a Social Landlord's application for possession against an anti social tenant.

The Council is intending to make use of the new powers and responsibilities to raise awareness, and improve action against perpetrators of ASB, and has set a specific target to introduce Demoted Tenancies by September 2005.

The Crime and Disorder Act 1998 implemented a statutory framework for addressing community safety through local multi agency Crime and Disorder Reduction Partnerships.   The Crime and Disorder Act also introduced:

• Anti Social Behaviour Orders (ASBOs) which are Court orders that prevent anti social behaviour, including where the perpetrators are children and young people aged 10 and over.
• Additional powers to prevent children becoming involved in criminal or anti social activity, Child Safety Orders, Parenting Orders, local child curfews, Reparation Orders and the power to the Police to remove truants back to school.
• Responsibilities on Local Authorities to exercise their various functions with due regard to the likely effect on community safety in the area, at the same time as doing all that it reasonably can to prevent crime and disorder.
• Housing Legislation

The Housing Acts 1985 and 1996 created new grounds for obtaining possession against anti social tenants responsible for nuisance or annoyance to neighbours and others in the locality.   The 1996 Act strengthened the grounds for possession and also introduced:

• An additional ground for possession against tenants convicted of an arrestable offence in the locality of the dwelling house.   This includes burglary, theft, robbery, criminal damage, assaults and drug trafficking.
• The ability to use ‘professional witnesses' in possession cases, where victims/witnesses are not prepared to give evidence in Court.
• The power to establish an Introductory Tenancy Scheme, which enables the Council to obtain possession of homes during the first 12 months of a new tenancy, where a tenant is responsible for anti social behaviour.   The Council is intending to introduce an Introductory Tenancy Scheme in April 2005.
• New restrictions to rehousing opportunities for people with a proven record of anti social activity.

The Homelessness Act 2002 places a duty on the Council and its partners to work together to prevent homelessness, as well as updating the framework for assessing individual applications from homeless households.   The Act also sets out how residents, who have a proven history of perpetrating anti social behaviour, may be treated less favourably if they apply for Council or Housing Association housing.

The Protection from Eviction Act 1977 protects ‘residential occupiers' from harassment, particularly where the harassment is intended to force a person to leave their home.  

  Other Legislation  

Race Relations Act 1976 (as amended by Race Relations (Amendment) Act 2000) - this Act requires public bodies to have due regard to the need to:

• eliminate unlawful racial discrimination
• promote equality of opportunity and
• promote good relations between people of different racial groups. 

The Council is committed to providing non-discriminatory, fair and accessible services.   This Anti Social Behaviour Policy, and associated policies to tackle racist incidents, contributes to good relations between different racial groups particularly where disputes and abuse are prevented at an early stage.

The Disability Discrimination Act 1995 aims to prevent discrimination against disabled people, including through the delivery of services.   All Service Providers must make their services accessible to disabled people either through removal of physical barriers, provision of aids and adaptations or other ‘reasonable adjustments'.    The Act will cover the way in which disabled people are able to report anti social behaviour equally and the services they receive.   Also, the needs of perpetrators with mental ill health must be taken into account when action is taken to prevent anti social behaviour.

The Human Rights Act 1998 requires all public authorities to pay proper attention to individual human rights, as set out in the European Convention, when making decisions that affect people. The most relevant rights for the purposes of this Anti Social Behaviour Policy are: 

• Right to respect for private and family life, the home and correspondence.
• Right to a fair and public hearing.
• Right to enjoy convention rights without discrimination.

The Council may only lawfully breach individual human rights where the action taken achieves aims that the article allows, and is proportionate to those aims.   Policies and procedures to address anti social behaviour must balance individual human rights and needs, against the broader needs of the community.

Data Protection Act 1998

Determines the way the Council collects, holds and shares personal data about individuals, including perpetrators and victims of a nti social behaviour .   Personal information must be:

• Obtained and processed fairly and lawfully.
• Kept accurate and up to date.
• Held for no longer than is necessary.
• Subject to appropriate security measures. 

The Freedom of Information Act 2000 (FOI)

Provides a major opportunity for Local Authorities, through the implementation of publication schemes, to become more open and accessible to their communities and residents.   FOI introduces a culture change from the ‘need to know' to

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