CDS Co-operatives is committed to developing policies and procedures that will assist our tenants, and tenants of our client co-operatives, to effectively report, monitor and eradicate incidents of anti-social behaviour on our estates and within the co-operatives we provide housing management services for.

CDS Co-operatives will not tolerate anti-social behaviour from tenants, their family and friends, or visitors to their homes. We will work with tenants, police, local authorities and other external organisations to combat anti-social behaviour and the effects this behaviour has on the lives of other tenants and individuals in their communities.

Definitions of anti-social behaviour

We define anti-social behaviour as acting in a manner which causes, or is likely to cause, harassment, alarm or distress to one or more persons who may or may not be of the same household. It is also a general term used for nuisance problems ranging from annoying behaviour from individuals and groups, such as disturbance from loud music, to serious acts of disturbance, violence and harassment. Anti-social behaviour can include:

Neighbour Disputes

These are generally disagreements between a number of tenants/members, usually a complaint from one tenant/member about the behaviour of another. Some of the reasons conflicts between neighbours can arise are:

• verbal abuse
• inconsiderate car parking
• unkempt gardens
• ball games
• children arguing and congregating 

Nuisance

Nuisance involves inconsiderate and unlawful behaviour, which causes interference, annoyance, suffering and damage to other tenant/members. Continual nuisance can significantly and adversely affect the quiet enjoyment of a tenant/member’s home.  Examples are as follows:

• noise emitted from premises such as barking dogs, noisy parties, loud music
• noise from vehicles, machinery or equipment in the street
• accumulation of rubbish

Harassment

Acts of harassment may be perpetrated on any individual or household for any reason. Harassment can take the form of verbal abuse or physical violence and can also include attacks on property. Harassment may be carried out against particular individuals or households because of their race, ethnic background, religious belief, gender, disability, illness - in particular AIDS related conditions, or sexual orientation. Evidence of harassment may include but is not limited to:

• physical assault
• damage to property
• racist or otherwise offensive graffiti
• verbal abuse
• threatening or abusive behaviour
• threatening letters or telephone calls
• dumping of excrement or rubbish in the victim’s home
• serious noise nuisance
• arson

Domestic Violence

Domestic violence is defined in Section 77 of the Housing Act 1996 as “Violence from a person with whom the applicant is associated or threats of violence from such a person, which are likely to be carried out”. It may be perpetrated by one member of a household against another. The parties may be partners or siblings, elders or other relatives. The perpetrator may be a non-cohabitating or former partner. Domestic abuse can consist of physical, mental, emotional or sexual abuse. It can take many forms such as:

• being slapped or beaten
• attacked with weapons
• denied access to money
• locked in
• prevented from seeking friends
• humiliated

Nuisance

Behaviour that adversely affects the quality of life in the local community (defined in our Nuisance Strategy as ‘Anti-social behaviour’). Examples of this may include:

• criminal behaviour
• drug dealing
• drug and alcohol misuse
• burglary and motor vehicle crime
• public disorder

General policy statement of our approach to anti-social behaviour

CDS Co-operatives wishes to promote good relations between tenant/members and to minimise the risks and effects of conflicts within the communities we work with.

Our anti-social behaviour strategy does not seek to deal with every type, or incident, of behaviour that may affect neighbours or the wider community; instead it is concerned with on-going problems rather than isolated or occasional and minor nuisances. The Co-operative Support Officer (CSO) involved will make a judgement as to whether, and what type of, action is required by us in our role as landlord or managing agent and if in doubt they will refer the matter to a line manager.

Where a person’s, or people’s, behaviour unreasonably interferes with a tenant/member’s right to quiet enjoyment of his or her home or adversely affects the quality of life in the local community, we will take firm action against the tenant/members where they or their family/visitors are found to be the offenders.

We are opposed to all forms of harassment and will not tolerate harassment against our, or client co-operative, tenant/members, employees or agents. We will take prompt action against any tenant/member found to have harassed or their family/visitors found to have harassed another tenant/member or the Society’s employees or agent.

We will support and protect tenant/members who are the victims of nuisance, harassment, domestic violence or acts of anti-social behaviour.

We will seek to adopt and co-ordinate a multi-agency approach to prevent and tackle the causes and consequences of nuisance, harassment, domestic violence and anti-social behaviour.

We will publish a report, as part of our Annual Report, detailing our achievements in tackling all aspects of anti-social behaviour within our housing stock and the stock of our client co-operatives.

The strategic context

The type of behaviour to be covered by this statement is defined by the “conduct test” for injunctions under S.153A and S.153B of the Housing Act 1996 (introduced by S.13 ASBA, 2003). This is conduct that is

• “Capable of causing a nuisance or annoyance to another person”, and “Directly or indirectly relates to or affects the housing management functions of a relevant landlord”
• “Consists of or involves using or threatening to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose.”

Those affected by nuisance and annoyance, again based on S.153, are described as

• Those who have a right to live in a property owned or managed by the landlord
• Those living in any other property in the neighbourhood (eg, owner occupiers and tenants of other landlords)
• Anyone else lawfully in the property described above or in the locality (eg, working in or visiting local facilities).

Obligations of tenants

We expect our tenants to treat their neighbours and the wider community with respect. To this end our tenancy agreements, and those of our client co-operatives issued by us, place obligations on tenants, their families and guests, to follow certain minimum standards of behaviour.

Because of the nature of our business we issue four different types of tenancy; rather than quote from each one the following paragraphs summarise the areas that deal with anti-social behaviour (copies of the tenancy agreements are available on request). Tenants agree

•  to use the property for residential purposes and not operate any trade or business without our, or their co-operative’s, permission.
• to make good any damage to the Premises or the Society’s/Co-operative’s fixtures and fittings or to the common parts of the Estate caused by the Tenant/Member or any member of the Tenant/Member’s household or any visitor to the Premises, fair wear and tear excepted, and to pay any costs incurred by the Society/Co-operative carrying out such works in default.
• to observe reasonable regulations and directions, including those governing the parking of caravans, given by CDS Co-operatives/the client co-operative for the care and protection of common areas and for good management of the Estate of which the Property forms a part.
• to keep any garden which forms part of the Property in a tidy and well cultivated condition
• to park only private cars and motor cycles on the common parts of the estate designated for that purpose and no repairs for reward or gain shall be carried out nor any breaking or cannibalisation of vehicles. Not to park vehicles for payment for any other person or vehicles not in regular use on the designated parking areas.
• not to cause or allow any other person occupying the Property to cause a nuisance or annoyance to neighbours or other tenants.
• not to permit any radio, television, record or tape recording or musical instrument to be played in such a manner as to cause a nuisance or annoyance to neighbours or so as to be audible outside the Property between the hours of 11.00pm and 7.30am.
• not to commit, and to take all reasonable steps to ensure, that members of his/her household or visitors do not commit any act of harassment, intimidation or violence (including domestic violence) on the grounds of race, colour, religion, sex or sexual orientation, disability or for any other reason which may interfere with the peace and comfort of, or cause offence to, any other Tenant/ Member, or member of another Tenant/Member’s household, visitors or neighbours, employees or agents of the Society. (This specific clause does not appear in our Secure tenancies, although the behaviour referred to would be covered by other clauses in those tenancies).
• to keep under control any dog, cat or other animal so as not to annoy or cause nuisance to neighbours. Not to permit any dog or other animal to foul anywhere on the Estate. Not to keep on the Premises livestock, domestic animals, or live birds of any kind which have been the subject of complaint by the occupiers of the Society’s other properties, which complaint is in the Society’s absolute discretion justified

We believe that the mutual nature of the communities we work with also helps to reduce the likelihood of anti-social behaviour as tenant/members feel part of the community they live in and are less likely to feel alienated or able to behave in a way that adversely affects that community. Co-operative members are also more likely to tackle anti-social behaviour at an early stage and have the democratic processes in place to facilitate community resolution of such cases.

Specific policies adopted by us to deal with anti-social behaviour

Support of complainants

• Victims of serious and repeated acts of nuisance, harassment or violence need practical & emotional support. We will assist by providing support & protection for tenant victims whilst there is any risk of recurrence or reprisal. Tenant victims often want to move from the area but as this hands the perpetrator a victory; we, and our client co-operatives, will consider in each case whether a move is appropriate. If there is a real risk of violence, or the tenant’s health is affected, then a priority transfer may be appropriate. We, and/or the client co-operative, will need to discuss with local authorities the possibility of reciprocal arrangements due to the lack of stock. Tenants will also be assisted through transfers or mutual exchanges.
• Co-operatives can also provide locally based peer support for complainants and help to counter the emotional stress that can accompany all types of anti-social behaviour.

 Racial and other harassment policies 

• We are opposed to all forms of harassment. We will not tolerate harassment of our tenant/members, members of their household, our employees or members of our client co-operatives on any grounds including race, ethnic background, gender, age, disability, illness, religious belief, sexual orientation, HIV/AIDS related conditions.
• We have a duty to ensure that our services, and those of our clients, are responsive to the needs and aspirations of black and minority ethnic (BME) communities. Different ethnic groups face different issues and flexibility is vital if appropriate services are to be provided.
• We, and our clients, are committed to taking action to prevent and combat the discrimination and disadvantage that BME groups face.
• The Code of Practice in Rented Housing emphasises landlords’ responsibilities for preventing and protecting the victims of harassment be it racial or other forms. We have adopted the Code of Practice in Rented Housing which aims to eliminate other and racial discrimination and promote equal opportunities and good tenancy relations within our organisation and the organisations we provide services for.
• We will adopt a victim-centred definition of a racist or any other incident and will ensure that measures are in place to encourage their reporting.
• We will ensure that allegations of harassment are investigated, acted upon and the victims kept updated.
• We will co-operate with the police and other agencies on the collection, recording and exchange of information to ensure that the full range of criminal and civil remedies can be pursued.
• We will work with BME and other community groups to help provide support to the victims of other and racial harassment.
• We will work in partnership with relevant community groups, the police and local authorities to tackle other and racist incidents as part of a local crime prevention strategy under the Crime and Disorder Act 1998.
• We will ensure that our staff, or co-operative members, who have responsibility for dealing with racial harassment cases have access to, and have undertaken, suitable and relevant training. This is to enable them to respond quickly, in a consistent manner and to take prompt action to support the victim and deter the perpetrators.
• We will monitor the number of harassment incidents we deal with and our response in dealing with each case.
• Publicity on other and racial harassment will be circulated to our tenant/members and client co-operatives to inform them of our policy and to encourage victims to report incidents.

Domestic violence policy 

• We will have a victim centred approach to all cases of anti-social behaviour. We will respond sympathetically and non-judgementally to people presenting as victims of domestic violence and will prioritise their safety.
• We recognise that factors such as financial dependence, lack of adequate secure housing, immigration status, lack of information on the subject and lack of support networks make it particularly difficult for women to leave violent relationships. We will take into account the needs of black and ethnic minority men/women, immigrant and refugee men/women with disabilities, elderly men/women, lesbians and gay men to leave an abusive relationship.
• We will be particularly cautious to maintain confidentiality throughout the progress of cases.
• We will consider any application for re-housing with regard to the circumstances of the case, and under current legislation, as to whether interim accommodation is required or, if suitable alternative accommodation is not available, a referral to the appropriate local authority Homeless Person’s Unit would be more appropriate.

Prevention of anti-social behaviour 

• Our Housing Services Sub-Committee shall have delegated responsibility for reviewing the tenancy agreement on a regular basis to ensure that it contains effective nuisance and harassment clauses. Tenant/members shall be fully consulted over any proposed variation to the tenancy agreement in accordance with the terms of that agreement. Such clauses will be made clear, unambiguous, comprehensive and capable of enforcement.
• The Resident Quality Services Committee shall have delegated responsibility for reviewing its allocation policy and procedure on a regular basis. The aim shall be for the Society to provide a more stable and safe community within each area of its operation. The policy and procedure shall include safeguards to prevent unfair discrimination and to ensure compliance with the Tenant Services Authority [formerly the Housing Corporation] regulatory requirements.
• Properties shall be allocated taking into account the potential nuisance risk posed by any housing applicants, both external and internal. Having first obtained the applicant’s signed permission, references shall be sought and checks then carried out with the previous landlord and local police, if considered necessary. Housing applicants shall be excluded if there is sufficient evidence to demonstrate they are likely to cause a nuisance, i.e., if they have been previously evicted for anti-social behaviour or nuisance. Nuisance clauses shall be fully explained to new tenants so that they are aware of their responsibilities and what the legal consequences will be if they breach the terms of the tenancy agreement.
• Arrangements will be made for new tenants to be visited by an officer of the Society, normally their Co-operative Support Officer, after they have settled in. Calls will be made as and when considered necessary during the first year of tenancy to reinforce the information and advice given at sign-up and to address any difficulties.
• We will ensure that empty properties are kept secure and re-let as quickly as possible.
• Tenant/members who have been subjected to nuisance or criminal incidents shall, in appropriate cases, be assisted with the purchase of home security devices, such as the upgrade of locks to doors, if required.
• Where there are communal areas, we will designate areas for play activities away from the homes of elderly residents.
• Security measures such as external and communal lighting, boundary fencing, door entry phone systems, etc, will be reviewed and upgraded as necessary, when funds are available, or otherwise included within the Society’s planned maintenance budget.
• We will liaise with, and use, local mediation services where they exist.
• CDS Co-operatives will work in partnership with the local police and have regular contact.
• Up to date information on crime statistics for each area of operation will be obtained from the police plus information on crime prevention and anti-burglary initiatives.
• The police will be requested to assist with victim support for tenant/members when needed.
• Tenant/members will be offered support when they report incidents.
• We will encourage tenant/members to participate in a Neighbourhood Watch scheme.
• We will liaise with and support local community recreational projects for children and teenagers, such as summer play schemes.
• Where we have taken action to combat cases of anti-social behaviour we will publicise the case and the action taken to ensure that our tenants, and our clients’ members, are aware of our commitment to tackle such cases.
• We will encourage and support our client co-operatives to adopt similar procedures and measures to prevent anti-social behaviour. Where appropriate we will carry out these measures on behalf of these co-operatives.

Rehabilitation of perpetrators

• We will liaise with social services, the health service, drug action teams, and other relevant agencies to ensure that those tenant/members who are faced with difficulties such as drug or mental health problems receive ongoing support or settlement as needed.
• We will actively seek the permission of perpetrators to contact specialist agencies such as social services, Community Psychiatric Nurses and other appropriate organisations to obtain advice and support for tenants who we are aware, or suspect, are suffering from mental illness and are behaving in an anti-social manner. We will also work in partnership with the relevant support organisation to address the issues behind this behaviour and to assist the tenant to maintain their tenancy and desist from causing a nuisance to neighbours. In the case of tenants who have learning difficulties or are particularly vulnerable we will refer them to organisations within the local area that can provide additional support on a regular basis.
• We will encourage and support the co-operatives we provide services for to explore the same measures.

Multi-agency partnerships

• We will create links with other agencies to help resolve neighbour disputes and minor cases of anti-social behaviour, for example by setting up arrangements with local mediation services or community police forums.
• We will seek to co-ordinate a multi-agency approach when taking action against serious and persistent offenders and to support and protect victims and witnesses. This may involve working with several agencies such as the police, local authority, environmental health, social services and local community organisations to find solutions for tackling the problem of crime and anti-social behaviour. We aim to sign sharing of information protocols, in local authority areas where they operate, to ensure there are agreed liaison and referral arrangements to assist in addressing anti-social behaviour.
• Within the multi-agency framework, we will use Acceptable Behaviour Contracts to set clear ground rules, Anti-social Behaviour Orders and other legislation to enforce the tenancy.
• We will take the necessary steps to adopt agreed liaison and referral arrangements with other relevant agencies.
• Where we have a sufficient concentration of housing, or there are particular problems with anti-social behaviour, we will seek to join Crime and Disorder Reduction Partnerships to formalise the multi-agency approach to tackling anti-social behaviour.
• Where appropriate we will encourage our client co-operatives to adopt multi-agency approaches to tackling anti-social behaviour through contact with local agencies.

Our role as a managing agent

• CDS Co-operatives has management agreements in place with various independent housing co-operatives who are our clients. Where specifically stated within the terms of the agreement, we are authorised to act on behalf of each co-operative to deal with neighbour disputes, nuisance, domestic violence, harassment and anti-social behaviour under the clause “Tenancy Enforcement”. We will apply similar procedures for independent co-operatives as we do for our own tenant/members; having first agreed the policy and procedure with each co-operative. 
• Where appropriate we will provide advice and training to help our client co-operatives to take action to combat anti-social behaviour; whether independently or through us.

Supporting witnesses

• We will provide effective support for witnesses and work with other organisations to ensure their safety.
• We will arrange access to telephone and face to face interpreters when necessary.
• We will train Housing Services staff, and officers of independent co-operatives where necessary, in understanding victims’ perceptions and how to meet the support needs of victims and witnesses.
• The Society shall ensure that staff, and clients, are made aware of the relevant provisions of the Human Rights Act 1998.

Professional witness schemes

• We will use professional witnesses if the circumstances of a case indicate that they are necessary.

Data protection and information exchange

• The Data Protection Act 1998 regulates the processing of personal data and sensitive personal data. We are committed to safeguarding the rights of individuals to confidentiality and privacy and to complying with the legal requirements of the Act.
• In processing personal data, the Society will ensure that it complies with the eight data protection principles (detailed in our Data Protection Policy).
• Our data protection registry entry states that one of our purposes for processing data is “Crime prevention and the prosecution of offenders”. We take this to include collecting information in the form of witness statements, photographs, CCTV footage, inventories of damage and any other records of anti-social behaviour which may assist us in combating it.
• We will exchange relevant information with statutory authorities if the statutory authority formally requires disclosure of the information using a relevant legal authority. This will be done within the following legislation: the Data Protection Act 1998 and the Crime and Disorder Act 1998, Anti-Social Behaviour Act 2003, Housing acts 1985 and 1996 and the Homelessness Act 2002.

Confidentiality

• We will always seek a complainants’ written permission before passing on their complaint to any third party.
• We will explain to complainants what action we can take in any given circumstance. They will be informed that we will only take action with their consent particularly where it may not be possible to disguise their identity.
• If the complainant does not give consent we will only take action if there is evidence that the nuisance or harassment affects their community at a wider level or is of a criminal nature.
• At all stages we will discuss with the complainant any action we intend to take with particular reference to the affect this will have on the confidentiality of their position – for example the need to share witness statements with the defence in a prosecution.

Cross-tenure issues 

• We will seek to tackle anti-social behaviour whenever it occurs in the communities we work with.
• Where it is appropriate we will take part in multi-agency approaches to reducing anti-social behaviour (for example crime and disorder reduction partnerships). This will normally be where we have sufficient stock, or the problems are of such a magnitude, that we can play an active role in combating this behaviour.
• Where the tenant/members in our housing, or the housing of our client co-operatives, are responsible for, or suffering from, anti-social behaviour outside our remit as a landlord we will still make every effort to tackle this in the wider community we work with.

Training of staff in dealing with anti-social behaviour

• The Society will ensure that staff members are adequately trained in good practice methods, they have acquired the necessary interpersonal skills for dealing with difficult interviews and that they are aware of the various legal remedies available.

 Information on other relevant policies

• This Statement is based on our Nuisance Strategy, Other and Racial Harassment Policy and Victim Support Strategy.
• Other relevant policies include our Equal Opportunities Policy, Tenant Participation Strategy, Consultation Strategy, Data Protection Policy and the Confidentiality Policy.
• Its companion document is the Anti-social behaviour procedure statement.

Ratified by Board of Management 31.1.05