Strategy

• The Society will refer victims of harassment to effective and sensitive counselling services and will seek to obtain Injunctions to protect victims and witnesses in every situation where threats of violence are made against them by identifiable perpetrators.
• The Society will arrange safe good quality temporary housing for victims and witnesses of harassment if they fear for their immediate safety.  This will either be within the Society’s own stock if suitable accommodation is available or by liaison with the local authority.  Permanent transfer shall be offered in there is no prospect of a safe return.
• The Society will provide effective support for witnesses and work with other organisations to ensure their safety.
• The Society will arrange access to telephone and face to face interpreters for local community languages when necessary.
• The Society will train housing services staff in understanding victims’ perceptions and meeting the support needs of victims and witnesses.
• The Society shall ensure that staffs are made aware of the relevant provisions of the Human Rights Act 1998.
• The Society will develop quality assurance methods to assess victim’s satisfaction.

Other & Racial Harassment Victim Support Pack 

Introduction

 This victim support pack aims to give basic information and advice to people who have experienced or are experiencing harassment.  It is primarily aimed at people suffering from  harassment in their home although many of the remedies and steps outline can be used in other situations.

 The pack also contains details of the various courses of action open to victims of harassment as well as a list of support groups and legal advice centres in the local area.

Contents

Dealing with other & racial harassment

• Immediate action
• If you are a CDS tenant
• Involving the Police 

Legal action 

• What legal action can be taken
• Criminal prosecutions
• Civil proceedings 

Practical help 

• Diary sheet
• Record of damage sheet
• Where to get support and advice 

Immediate Action

Harassment can take a variety of forms all of which can be vicious and extremely distressing.  When faced with this menace it is often very difficult to know what to do.

However, below, we set out a few simple steps that we strongly recommend no matter where you live or what the situation is.  They will ensure not only that you get help quickly but that effective action can begin to be taken against the perpetrators.  Some of these steps such as filling in diary sheets may seem very bureaucratic but our experience shows that keeping accurate records and following procedures is often the key to successful action to stamp out harassment. 

• When an incident of racial violence or harassment is taking or has taken place, consider reporting it to your local police station.
• If you are alone, or simply frightened, then contact friends or neighbours as soon as you can.
• Contact the CDS office on 03333 21 30 30 30.  If the incident takes place outside CDS normal office hours contact the police immediately and then the CDS on the next working day.
• Keep a record of all incidents on the diary sheet, (personal record of harassment incidents form), enclosed with this support pack.  Each incident should be recorded on a separate diary sheet unless the incidents occur on the same day and by the same person(s).
• Record all damage to property on the record of damage to property form enclosed with this support pack.  Report any damage to the helpdesk staff at the CDS office so that repairs can be ordered.
• Where damage has been done to the property, for example, broken windows, graffiti or car vandalism, try to take photographs of the damage before it is repaired or ask your Co-operative Support Officer to do this for you..  These photographs could be used in evidence in any prosecutions.
• Where children are victims of harassment at school, inform the head teacher and the Education Welfare Office.  A record should be kept of what the harasser said and if possible, get an independent witness to sign and date the child’s statement.

Remember to keep a note of when the incident was reported to the police and the Society and the names of who you reported it to.

If you are a CDS Tenant

The Society will take firm action against perpetrators of harassment.

The Society’s tenancy agreement clearly says that tenants must not cause a nuisance, annoyance or disturbance to any other person.  This includes harassment such as:

• Violence or threats of violence towards any person.
• Abusive or insulting words or behaviour.
• Damage or threats of damage to the property or home of another person.
• Writing threatening, abusive or insulting graffiti.
• Any act or omission calculated to interfere with the peace or comfort of, or to inconvenience any person. 

Anyone found to be carrying out harassment will face legal action and may be evicted.  This also applies if the perpetrator is a child or other person living with the tenant or even a visitor. 

How can the CDS office help?

Whenever an incident of  harassment is reported to the CDS office, staff will investigate. 

When you report an incident to the Society, a member of staff should record the details on a special form.  This will be passed to a Co-operative Support Officer who will give his/her name as your contact, should any further incidents occur.  They will interview you within forty-eight hours and take a full report. 

The Co-operative Support Officer will also interview the perpetrator of the harassment, if known and with your consent.  They will consider a number of courses of action.  These will include: 

• Warning letters to the perpetrator. 
• Charging the perpetrator for any damage to the Society’s property. 
• Legal action, with your consent.  This may lead to the eviction of the perpetrator. 

Remember, when writing or supplying supporting evidence to a member of staff, keep copies of all documents, for example, letters from yourself, doctors, police, social workers, and so on and note the date they were sent or delivered. 

Repairs and security measures 

The Society will carry out any repairs to your home that are needed and can provide a range of security measures to protect you and your family in your home. 

• Repairs 

All repairs needed as a result of racial harassment are to be carried out as emergency works.  This means within twenty-four hours or on the same day if you order them before noon. 

The Society’s Helpdesk Repairs Service can be contacted by telephoning 03333 21 30 30.   

• Security measures

Windows:  If glass is broken it should be replaced with toughened glass or security film within twenty-four hours.

Doors:  If door frames have damaged they should be replaced within twenty-four hours of being reported where appropriate with solid doors with peep-holes and stronger locks.

Letterbox: You should be given the option of having a metal letterbox enclosure fitted.

Lifeline Alarm units:  We can provide an alarm unit in your home to help you contact help quickly if another incident takes place.

Cleaning:  The Society will arrange special cleaning services where deposits are left in the area of the home.  Completion of these works will need to be monitored by housing staff and chased up if necessary.

Graffiti:  The Society will arrange for racist graffiti to be removed on the same day that it is discovered.  If cleaners are unable to do this because of the paint, the surface or location of the graffiti they will contact the Society who should arrange for removal of the graffiti by an appropriate contractor within forty-eight hours.

Dogs:  Where dogs are used to intimidate victims or to foul near to or on property, help and assistance can be given by contacting the local authority dog warden.  Please refer to the last section of this support pack for the contact number.

Temporary Accommodation 

If you are considered to be in danger you should be offered temporary housing elsewhere.

However, the Society, like many other housing organisations has a shortage of housing.  Moving home is only a realistic possibility in a limited number of cases, where there is a serious risk to life and limb.

More importantly, if perpetrators succeed in making you move they have got what they want, therefore, they have won.  It is better, if possible, to stay in your home and to take action against them.

What should I do if the Society does not investigate my racial harassment complaint?

If the Society fails to investigate you can use the Society’s formal complaints procedure.  Ask for a copy of the complaints procedure by contacting the CDS office.  You can, of course, complain to your local councillor at any stage.

If you are still not satisfied and you have been through all stages of the Society’s complaints procedure, you can then complain to the Housing Ombudsman Service at  81 Aldwych, London  WC2B 4HN  Tel: 0300 111 3000. 

Involving the police

The decision on whether or not to involve the police is entirely yours.  However, if you do decide to involve the police, then we will work closely with them to prevent further harassment and to take action against the culprits.

How can the police help?

The police can take action against someone who has:

• Physically attacked someone.
• Wilfully damaged someone else’s property.
• Behaved in a threatening or abusive way to intimidate or frighten.
• Incited racial hatred by, for example, distributing racist leaflets. 

Who in the police should I contact?

You should first go to either your local police station or the nearest police station to where the incident happened. 

How will the police help?

The police will take details of any incident with a perceived racial motive, whether a crime or not, no matter who reports it.

The report will be investigated and the details of the investigation recorded by the police office.  Every incident will be supervised by a senior police officer and CID officer.

All witnesses will be interviewed.

They will prosecute when the offender is known, the evidence is sufficient and if the victim wishes it to be done.

If the incident forms part of a series of attacks, the police will provide follow-up visits to the victim and arrange support. 

What if the police are unwilling to help?

If you find the police unwilling to help, write to the Chief Superintendent at your local police station.  Send a copy of the letter to the Community Liaison Officer at the local police station.  Your letter should give details of the incident and give them two weeks in which to respond.  If you have not heard within two weeks, telephone the station to enquire what is going to happen and ask when you are likely to receive a response.

What legal action can I take? 

There are basically two types of legal action that can be taken against perpetrators of racial harassment, civil and criminal.  Brief details of each one are set out below.  More detailed information is included in the pages that follow.

Both types of legal action can be taken on your behalf by the police or the Society.  Alternatively, you can take action yourself.  There are strengths and weaknesses to each type of action, although in general you can do both.

Whenever you consider legal action, it is best to get advice from a law centre or solicitor.

And remember, if you take legal action you should be prepared to go to court to give evidence.  This is often, though not always necessary.

You can get financial help with certain types of legal action.  Your case worker or other advisor will be able to provide information about this.

Criminal action

In severe cases the courts may send the offender to prison, although there are a range of lesser punishments, such as fines, suspended sentences of imprisonment or community service orders.  You may also get compensation. 

Civil action

Civil proceedings can be used in a number of ways. For example: 

• You can apply for a Court Order to stop someone harassing you.  This is sometimes known as an “injunction”.  If the offender ignores the injunction they may be fined or be sent to prison.
• If the offender is a CDS tenant or the conditions of their tenancy state that they must not cause a nuisance to their neighbours, they may be evicted.
• You can claim compensation for damages.

• You can apply for a Court Order to stop someone harassing you.  This is sometimes known as an “injunction”.  If the offender ignores the injunction they may be fined or be sent to prison.
• If the offender is a CDS tenant or the conditions of their tenancy state that they must not cause a nuisance to their neighbours, they may be evicted.
• You can claim compensation for damages.  

Compensation

If the Courts do not award you compensation in either a civil or criminal case, you may be able to claim compensation for damage to your property or for personal injury, such as a broken arm or leg or for other expenses such as loss of earnings.  It may also be possible to claim the costs of any legal action you have taken from the perpetrator.

Criminal prosecutions

Criminal proceedings can be brought by the police (through the Crown Prosecution Service) or any other relevant body such as the local authority.  Alternatively, you may choose to take action yourself.  But, whenever you consider legal action, it is best to get advice from a law centre or solicitor. 

Going to court 

• You have to attend the magistrate’s court and give the facts of the case to the court clerk.  This is called “laying the information”. 
• The court issues a summons, which is a legal notice that tells the harasser, (known as the defendant), to attend court. 
• Once in court, if the defendant pleads not guilty, the court simply notes the plea and the case will be “adjourned”.  This simply means that a full hearing or trial will take place on another day. 
• At the trial, the barrister or solicitor, (known as the prosecutor), must present whatever evidence there is available.  Your evidence may be presented in a written statement.  This is known as a “Section 9” statement.  However, you should be prepared to go to court to give evidence.  It is almost always necessary. 

In addition, “Section 9” statements from other people may also be presented in support of your case.  For example: 

• Medical evidence of any injury to your mental or physical health from a doctor or hospital.
• Statements from witnesses, such as police, housing officers, advisors and so on.
• Evidence from teachers or from the education authority.
• Photographs of any injuries or damage to your property and plans or maps, for example, of the surrounding area.
•  Items of damaged property goods or clothing or bills for repair.

If the defendant decides to go for a jury trial, the case is referred to the Crown Court.

The courts will consider all of the evidence and decide what punishment is appropriate.  The perpetrator may be fined and you may also receive compensation.  In some cases, particularly where there has been violence and the police are prosecuting, the perpetrator may be sent to prison. 

Civil proceedings

Civil proceedings are taken in the civil courts or the county courts as they are known.  They can be started by the Society or you can start them yourself either acting on your own or with the assistance of a representative or a solicitor.  Remember, whenever you consider legal action it is best to get advice from a law centre or solicitor.

Going to court

The main steps involved in civil proceedings are as follows:

A statement is taken from you by the Co-operative Support Officer in liaison with solicitors acting on behalf of the Society, which will form the basis of an affidavit.  An affidavit contains the key information for civil proceedings to commence.  It should identify:

• Your full name, address and occupation.
• Your marital and employment status.
• Brief details of your tenancy, length of residency and the date your tenancy started.
• Effects of the incidents on other members of your household.
• Statement from schools, doctors and hospitals.
• Ages of people in household.
• Any other details of the incidents such as exact words.

Your representative should then take you and all he relevant documents to the county court to see a court clerk.  Here the affidavit is sworn and signed.  No fee is payable.  When a court date is set you and the perpetrator will be informed.

In court the judge will read the documents and you may be asked questions on oath.  The judge may allow your representative to answer questions on your behalf.  The judge will then consider what action is appropriate.

Injunctions

An injunction may be granted by the judge.  This is a legal document that orders someone to stop doing something, in this case to stop harassing you.  If the offender ignores the injunction she/he may be fined or sent to prison.

Eviction

The judge may agree that the offender should be evicted, if they are a CDS tenant or the conditions of their tenancy state that they must not cause a nuisance to their neighbours.  Eviction may be immediate or within a period of time.

Alternatively, the judge may grant what is known as a “Suspended Order for Possession”.  This mean that the perpetrator is not evicted but if they harass again, the case will go back to court and they are almost certain to be evicted.