Anti-social behaviour (ASB Policy)

1. Purpose and Scope of the Policy

1.1. Elm Tree Housing is committed to playing our part to ensure neighbourhoods and communities are safe places where people want to live.

1.2. The purpose of this Anti-Social Behaviour (ASB) Policy is to outline the standards of conduct expected from customers, their families or visitors, and others residing or present in properties or on land owned by Elm Tree Housing, and to provide a framework for addressing and preventing ASB within our communities.

1.3. This policy applies to all property owned by Elm Tree Housing and for the avoidance of doubt, this includes leasehold and shared ownership homes and communal/estate areas.

1.4. Where Elm Tree Housing assumes management of property on behalf of another organisation, Elm Tree Housing will implement their ASB policy, as outlined in the management agreement. In the absence of another organisation’s ASB policy, Elm Tree Housing will revert to the implementation of this policy.

2. Detailed Policy Content

2.1. Elm Tree Housing expects all customers and visitors to conduct themselves in a manner that respects the rights of others, promotes a safe and harmonious living environment, and complies with the terms of their tenancy or lease, including any restrictive covenant.

2.2. In accordance with Elm Tree Housing’s Allocation Policy, we will consider the need for community cohesion when allocating customers to empty homes. Similarly, policies and procedures on repairs, major improvements and the development of new homes will also take into account the desire to minimise any potential ASB caused by physical factors, and to strive to design out crime.

2.3. The definition of ASB is used in Section 2 of the Antisocial Behaviour, Crime and Policing Act 2014, which states:

Conduct that has caused or is likely to cause harassment, alarm or distress to any person.
Conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises.
Conduct capable of causing housing-related nuisance or annoyance to any person.

2.4. Examples of anti-social behaviour include but are not limited to:

Harassment, intimidation, or threats towards other residents, staff, or visitors.
Verbal, physical, or psychological abuse.
Criminal activities such as drug dealing, vandalism, or theft.
Excessive noise or disturbances causing a nuisance to others.
Damage to property or communal areas.
Violent or threatening behaviour.

2.5. Examples of behaviours that Elm Tree Housing is unable to investigate and that do not constitute Anti-Social Behaviour include but are not limited to:

Noise from children at play.
Babies crying.
Sounds from normal living such as doors opening and closing.
Occasional events, such as parties and BBQs, providing they don’t cause unreasonable nuisance.
Clashes of lifestyle including food smells, keeping different hours.
Smoking of tobacco cigarettes.

2.6. Elm Tree Housing provides every customer with a Tenancy Agreement which defines their rights and responsibilities. Leaseholders are issued with a lease which contains similar provisions.

2.7. If an Elm Tree Housing customer has a lodger or other person occupying the property with them, or if a leasehold property has been sublet, the holder of the tenancy agreement or lease is responsible for behaviours linked to the property to which the agreement relates.

2.8. Where Elm Tree Housing is a major local landlord, we also work proactively with customers and other agencies to prevent ASB. This includes working with statutory agencies on safeguarding issues, community safety partnerships, charities, and local mediation organisations, where they are available.

2.9. Elm Tree Housing encourages customers and other stakeholders to report incidents of ASB promptly and provides channels to report issues, including phone, email, online portal, or in person at our offices.

2.10. Elm Tree Housing will not accept anonymous reports of ASB. Without a complainant, we are unable to verify the legitimacy of the complaint or address any potential misunderstandings, which could just be malicious reports to cause unnecessary alarm or distress. Furthermore, anonymous complaints may lack necessary context or details, hindering the ability to properly investigate and resolve the issue.

2.11. While Elm Tree Housing will not accept anonymous reports, every endeavour is made to uphold the safety and well-being of individuals who do report issues. Any information disclosed will be treated with utmost confidentiality, except in cases of urgent safeguarding concerns that necessitate disclosure to a partner agency.

2.12. Upon receiving a report of anti-social behaviour, Elm Tree Housing expects a level of evidence to accompany this, provided by the person(s) making the complaint, which may include but is not limited to:

Incident logs
Video recordings
Photographs
Noise recordings submitted via The Noise App
Independent reports from others who have been affected
Reports from other professional agencies such as Police, Ambulance Service or Social Care Professionals

2.13. Once a case has been opened and sufficient supporting evidence provided, Elm Tree Housing will work alongside the person(s) making the report and supplying evidence, giving consideration to any literacy, language, disabilities or vulnerabilities that may make reporting a challenge.

2.14. We will confirm that a case has been opened and allocated to a member of staff within 5 working days of receiving supporting evidence of ASB.

2.15. If a customer does not supply sufficient information or evidence for Elm Tree Housing to investigate a matter within 10 working days, we will contact the customer to ask for details. We will repeat this process for a further 2 cycles, after which time we will close the case, sending the customer an explanation for the closure.

2.16. Elm Tree Housing will seek to agree an Action Plan with the person(s) reporting the concerns, to establish what is expected of them and to explain that we will investigate the matter thoroughly, respecting the principles of restorative justice, proportionality, and confidentiality.

2.17. Elm Tree Housing is committed to providing support and intervention measures to address the root causes of ASB, including offering access to relevant support services, counselling, or community mediation to both victim and perpetrator.

2.18. Where appropriate, Elm Tree Housing will seek to offer support to alleged perpetrators of ASB, if they are willing to engage and if there are associated safeguarding concerns.

2.19. Depending on the severity and nature of the behaviour, appropriate actions will be taken, which may include warnings, mediation, support service referrals, legal action, or termination of tenancy. (Details of these tools are available in the procedure that accompanies this policy.)

2.20. In order to enhance our service, Elm Tree Housing will conduct regular customer satisfaction surveys, collecting and analysing feedback to shape and refine our services according to the expressed needs and preferences of our tenants and customers.

3. Applicability

3.1. This policy applies to all properties and land owned by Elm Tree Housing and to all individuals residing or present on/in these properties, regardless of their tenancy or occupancy status.

4. Definitions

4.1. Anti-Social Behaviour (ASB): Conduct that causes nuisance or annoyance to others, or that threatens or undermines the safety, well-being, or enjoyment of our communities.

(As defined in Section 2 of the Antisocial Behaviour, Crime and Policing Act 2014)

4.2. Customers: Individuals who have a formal tenancy agreement with Elm Tree Housing for the occupation of a property owned (or managed, see 1.4) by Elm Tree Housing.

4.3. Leaseholders: Individuals who have a formal leasehold agreement with Elm Tree Housing for the occupation of a property owned by Elm Tree Housing.

4.4. Restorative Justice: A philosophy that emphasizes resolving conflicts through repairing harm and rebuilding relationships rather than focusing on punishment.

4.5. Proportionality: Ensuring that the response or consequence matches the severity of the behaviour, avoiding excessive punishment or intervention.

6. Implementation Procedures

6.1. A user-friendly version of this policy will be made available on Elm Tree Housing’s website.

6.2. Frontline staff managing tenancies will be instructed to read this policy and acknowledge that they have read it.