Definition of ASB and Hate Crime
4 - Definition of ASB and Hate Crime
4.1 We use the definitions of ASB found within Part 1 of the ASB, Crime and Policing Act 2014, relating to our responsibilities as a Local Authority and as a housing provider, which defines ASB as being:
- conduct that has caused, or is likely to cause, harassment, alarm distress to any person,
- conduct capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises, or
- conduct capable of causing housing-related nuisance or annoyance to any person.
4.2 The term 'hate crime' can be used to describe a range of criminal behaviour where the perpetrator is motivated by hostility or demonstrates hostility towards the victim's disability, race, religion, sexual orientation or transgender identity. Hate crime can include harassment, damage to property, physical violence, threatening behaviours.
4.3 Where behaviour reported meets the above definitions we will then consider if the behaviour is unreasonable. Only where we determine something to meet the definition AND be unreasonable will we deem it to be ASB.
4.4 WHBC realise that we have a role to play in tackling domestic abuse (DA) and to support victims. We will consider DA in-line with ASB where the issues are affecting persons not of the same household. Where this is the case we will follow this policy in conjunction with our Domestic Abuse Policy.
4.5 We believe that Hate Crime is a serious form of ASB and class it as an incident where the victim/s is part of an identifiable group and the motivation for the perpetrators behaviour towards them is due to them being party of this group. Where a hate crime occurs we will follow this policy.
4.6 We will also use this policy to address any violence, abuse or inappropriate behaviour towards employees or contractors of WHBC.
4.7 Some behaviour may be reported as a nuisance, but may not be ASB. We will consider reasonableness when determining whether a reported nuisance requires action under the ASB Policy and may refer the issue to a more appropriate team or agency.