9 - Taking Action
9.1 We have a range of responses available to tackle ASB. We will usually adopt an incremental response but will take whatever action is proportionate to the issue, considering seriousness and risk. All action will be taken in consideration of the Corporate Enforcement Policy and we will assess what is proportionate based on a number of additional factors including, but not limited to:
- Harm caused to the victim or community
- Whether the perpetrator is co-operating
- Whether previous action has been taken and how effective it was
9.2 Our preference is to try and prevent ASB from occurring and we will try to achieve this by:
- Assessing information available at pre-tenancy stage to offer the most appropriate property to their needs as well as ensuring the necessary support is in place when they move in.
- A clear sign up process which provides our tenants will full details of their responsibilities and the consequence on their tenancy should they not comply.
- Using our 'safer stronger' Community Safety Partnership to share information with local partners to identify areas of high risk and target resources appropriately.
- Publish a Community Safety Action Plan encompassing a range of initiatives to engage, educate, communicate and support our communities.
9.3 Where behaviour is minor we will encourage parties to find a resolution themselves as formal intervention by us can escalate issues and cause unnecessary tension between parties. We encourage people to talk informally or may suggest mediation. Where we do intervene we have a number of options, including but not limited to:
- Verbal warnings
- Warning letters
- Acceptable Behaviour Agreements
- Support referrals
- Community Protection Notice Warnings
9.4 Where we have cases of ASB that require legal action we will consider all options available to us and decide the most appropriate, including:
- Civil Injunctions including Youth Injunctions
- Criminal Behaviour Orders
- Community Protection Notices
- Fixed Penalty Notices
- Discretionary and Mandatory Possession and Suspended Possession orders
- Public Spaces Protection Orders
- Closure Orders
9.5 When considering any form of legal action we will endeavour to undertake a proportionality assessment and/or community harm statement to ensure action is necessary and proportionate and that we have considered the Human Rights Act 1998 and Equality Act 2010.
9.6 If we decide there is no reasonable action that can be taken to deal with an issue reported to us then we will inform the complainant and provide an explanation as to why this is the case. We will also close a case where there is no evidence to progress it and no further action can reasonably be taken.
9.7 Where complaints persist after we have explained that the issue cannot be dealt with via our ASB policy, we may consider how we take action to address this. Repeated calls may suggest a vulnerability that we could offer support for or complaints may be malicious and have an unreasonable demand on resources. Should this be the case we may consider action in line with our Vexatious and Persistent Behaviour Policy.