Anti-Social Behaviour, Harassment and Hate Crime Policy

This is a summary of our policy and shows our approach to preventing and tackling anti-social behaviour (ASB) which includes harassment and hate crime.

Download Anti-Social Behaviour, Harassment & Hate Crime Policy (PDF). Please let us know if you require this document in an alternative format.

Introduction

When ASB occurs it can have a lasting and significant impact on our customers and the wider community. We take it seriously and aim to balance enforcement action and intervention, with prevention.

We’ll adopt a supportive approach when dealing with victims, witnesses and suspected offenders, and will be flexible in our approach to managing incidents.

We recognise and accept our role as a responsible landlord to tackle and prevent ASB, we also recognise that residents and other agencies share this responsibility.

This policy applies to all of our customers, including leaseholders and shared owners. Our customers are responsible for their actions, the actions of their occupants and any visitors to their home.

What is ASB and harassment?

ASB is defined as ‘actions that have or are likely to cause alarm or distress’.

Examples of ASB include:

  • Verbal Abuse / Harassment / Threats
  • Hate Related - based on race, gender, disability, religion, sexual orientation
  • Vandalism / damage to property
  • Pets / Animal Nuisance
  • Nuisance from vehicles
  • Drugs / Substance misuse / Drug Dealing
  • Domestic Violence / Abuse
  • Litter / Rubbish / Fly Tipping
  • Prostitution / Sexual Acts / Kerb Crawling

Hate crime is harassment towards a person motivated by:

  • Racist behaviour and racial harassment
  • Homophobic or transphobic behaviour
  • Disability related harassment
  • Faith related harassment

What isn’t ASB?

Behaviour which isn’t intentionally done to cause nuisance or annoyance is not considered to be ASB.  For example:

  • Children Playing/babies crying
  • Household noise during reasonable hours
  • Occasional parties and celebrations
  • Household smells
  • Smoke
  • General disputes between neighbours

However, any activity undertaken regularly at unsociable hours and without thought on the impact on others should be reported.

Reporting and investigating ASB

ASB can be reported in confidence and confidentially to our Customer Team on 01634 565333, by emailing contactus@mhs.org.uk, on our website, by letter or in person at our Broadside office.

All criminal activity must also be reported to the police.

For non-harassment ASB we’ll contact you with 72 hours to discuss the complaint and contact the suspected offender within five days.

Where there’s an allegation of harassment or violence we’ll contact you with 24 hours

When we receive your complaint one of our colleagues will manage your case. They may ask you to keep a diary to evidence any ongoing incidents.

Acting on ASB

  1. We’ll work in partnership with the Police, Local Authorities and support organisations to investigate and resolve incidents of ASB. We’ll share information and use the early intervention tools available to us.
  2. Our focus is to work with the suspected offender/offender and complainants to resolve the situation. However, if we need to we’ll use the legal options available to us, this can include:
  • Acceptable Behaviour Agreements (ABA)
  • Injunctions
  • Notices of seeking possession
  • Evictions
  • Absolute ground for possession
  1. Our aim is to resolve instances of ASB as quickly as we can but sometimes we may have to move the complainant to temporary or alternative accommodation whilst the issue is resolved.
  2. If you feel your complaint hasn’t been responded to fully you can implement the Community Trigger with your Local Authority. This gives you (the victim) the ability to demand a review of their case.

Legislation regulation & regulatory standard

Our ASB policy meets the requirements of the Neighbourhood and Community Standard, as required by the Regulator for Social Housing

The policy aligns to the following regulatory requirements and legislation which address different aspects of ASB.

  • Housing Acts 1985, 1988 and 1996
  • Anti-Social Behaviour Crime & Policing Act 2014
  • Homes and Community Standard c
  • Equality Act 2010
  • The Crime and Disorder Act 1998
  • Anti-terrorism Crime and Security Act 2001

Equality & diversity

mhs homes recognises the needs of a diverse population and always acts within the scope of its own Equality and Diversity Policy, the Human Rights Act 1998 and the Equalities Act 2010.