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1.1 Where people live close together there is always the scope for friction and disputes. Clashes of lifestyles where people are from different age groups, or come from different cultural backgrounds, or have different working or sleeping patterns can easily give rise to arguments. The spectrum of neighbour disputes and anti social behaviour is wide – on the one hand, neighbour nuisance might refer to a dispute between two neighbours whilst anti social behaviour might threaten the physical or mental health, safety or security of other households or individuals.
1.2 The Council is committed to reducing and tackling neighbour disputes and anti social behaviour by responding firmly and effectively to complaints. This policy will provide a framework for action relating to complaints of neighbour nuisance or anti social behaviour. This policy also links with and complements the Council’s Community Safety Strategy, the Housing Liaison Protocol and the Council’s policy for dealing with Anti Social Behaviour Orders (ASBOs). The Council is also committed to encouraging tenants to report incidents of neighbour disputes or anti social behaviour and to dealing with complaints of neighbour disputes or anti social behaviour in a consistent and sensitive manner.
1.3 The policy outlined below considers the definitions of neighbour disputes and anti social behaviour. In some cases, differing lifestyles may cause clashes and conflict between neighbours. This policy is not intended to address behaviour that is merely different and will not be used to promote the harassment of individuals or groups for behaviour that results from being of a different race or origin.
1.4 The Council recognises that neighbour disputes and anti social behaviour can occur in any housing tenure. This policy recognises that disputes may arise between Council tenants and neighbouring owners or private tenants, as a result of the growing tenure diversity as a result of right to buy in the public sector.
2. Aim and Principles of the Policy
2.1 The Council is committed to ensuring that as far as is possible all of its tenants are able to have quiet enjoyment of their homes, without being abused or harassed or subject to undue noise or other nuisance caused by those around them.
The principles underpinning the Council’s Neighbour Disputes and Anti Social Behaviour policy are –
3. What is Neighbour Dispute/Anti Social Behaviour?
3.1 A range of types of behaviour may be referred to as ‘neighbour dispute’ or ‘anti social behaviour’. To provide a framework for prioritisation and to indicate clearly what types of behaviour will be acted upon, the agreed categories are set out below –
a) Ordinary breach of tenancy conditions (Category D) eg.
b) Disputes solely between two neighbours (Category C) eg.
c) Anti social behaviour, where the behaviour is of a serious and persistent nature, affecting one tenant or a group of tenants (Category B) eg.
d) Severe anti social behaviour, where the involvement of the police is necessary (Category A) eg.
4. Making a Complaint
4.1 The Council will accept complaints by letter, by phone or in an interview. Anonymous complaints will be recorded, but it will not normally be possible to act on such complaints unless it is possible for an officer of the Council to verify the complaint eg. an untidy garden. The Council is committed to responding to complaints of neighbour disputes or anti social behaviour as quickly as possible. However, it is important to ensure that the most serious complaints are investigated without delay. Target times for an initial response to the different categories of complaint are outlined below.
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Category D |
investigate complaint and update complainant by phone/letter or visit within 10 working days |
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Category C |
investigate complaint and contact complainant by phone/letter or visit within 10 working days |
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Category B |
carry out initial investigation and assess appropriate action. Contact complainant by phone call/letter/ visit within 5 working days to advise of assessment |
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Category A |
visit/interview complainant and contact police within 2 working days. |
Note: - these are timescales for initial response to complaint. Timescales for further action/involvement should be included in action plan drawn up.
5. Dealing with a complaint
5.1 The Area Housing Officer will normally deal with complaints of neighbour dispute or anti social behaviour at least in the first instance. More serious complaints are likely to require the involvement of the Area Housing Manager/Senior Area Housing Manager.
5.2 Complaints will normally be dealt with by taking action at the most appropriate level. Only in the most extreme cases would legal action be considered before a warning visit/interview was carried out. In all cases the Housing Service undertakes to keep complainants informed on the progress of the complaint and reasons for action taking or for closing of case. The stages of dealing with a complaint are detailed below:
5.3 Where a complaint is received regarding the behaviour of an owner occupier, the Council will advise the tenant of action that the tenant may take. If the circumstances of the complaint merit such action, the Council may consider application for an Anti Social Behaviour Order.
5.4 Where a complaint is received from an owner or private tenant against a Council tenant, the complaint will be investigated and dealt with as outlined in this policy.
6. Legal Action
6.1 If a complaint cannot be satisfactorily resolved legal action will be considered where appropriate. In such cases the evidence gathered will be passed to Legal Services for their consideration and advice. All possible legal remedies will be considered, subject to the level of evidence required being available. At all times, the use of Anti Social Behaviour Orders and eviction will be considered only as a last resort where other appropriate forms of action have been tried.
6.2 A list of legal remedies, taken from the Scottish Executive paper ‘Housing and the Anti-Social behaviour: The Way Ahead’ (1999). The Council will actively seek to use these remedies where appropriate in order to ensure that all types of anti social behaviour are kept to an absolute minimum. Anti Social Behaviour Orders, which can apply to all tenures, are subject to the Council’s Policy on the use of Anti Social Behaviour Orders.
6.3 Where the behaviour of a qualifying occupier is the main source of complaint, the Housing Officer will write to the qualifying occupier prior to instigating legal action.
7.1 All complaints will be treated in confidence if the complainant requests this. However it will be made clear to the complainant that if the complaint is followed up the complainee may be able to identify the complainant, simply from the details of the complaint. In addition if the complainee wishes their name to remain confidential this may limit the action it is possible to take.
7.2 The terms of Data Protection Legislation will be adhered to within this policy.
8. Mediation
8.1 Mediation enables parties in dispute to reach mutually agreed settlements. The Council utilises the services of a trained mediator in appropriate cases. Mediation may be used in disputes where –
8.2 Following an initial assessment of the dispute by the Area Housing Manager, professional mediation may be recommended to reach a mutually agreed settlement between the parties. Cases referred to the mediator will be approved and monitored by the Area Housing Manager.
9. Liaison with other services/agencies
9.1 Liaison with other agencies can be critical to the effective management of anti social behaviour. The Council has developed a Housing Liaison Protocol with the Police and Procurator Fiscal to assist in information sharing.
9.2 The Council has committed to a Racial Incidents Multi Agency Strategy (PDF format, 42 pages, 1.06 KB) (This link opens in a new window) aimed at tackling racist incidents. Where incidents of this nature occur, the procedures outlined in the Strategy will be followed.
9.3 Joint working with the Police, Social Work Services and Environmental Services will continue to be emphasised, with other agencies such as Health professionals being consulted as appropriate.
9.4 Where anti social behaviour appears to arise as a result of an individual’s addiction to drugs, alcohol or other substance the Council will seek to involve appropriate agencies and every effort will be made to resolve the issue before legal remedies are considered.
9.5 Where an individual's anti social behaviour relates to mental disorders the Council will liase closely with Health and Social Work Services. If the behaviour is not addressed the Council will work with others to identify other avenues, such as more appropriate accommodation, before legal remedies are considered.
9.6 Where a tenant appears to be vulnerable for any other reason the Council will liase with any appropriate body in order to resolve the issue before legal remedies are considered.
10. Training
10.1 In order to achieve the roles set out for them, staff dealing with complaints of anti-social behaviour will require the appropriate training. This may include training on interview skills, use of legal remedies and mediation skills.
10.2 The Council will seek to raise awareness of its policy on neighbour disputes and anti social behaviour within Council Services and other appropriate agencies.
11. Record Keeping and Monitoring
11.1 It is essential that good records are kept of complaints made and action taken, both for monitoring purposes and to help the Council to identify the nature of problems and the type and frequency with which problems occur. Standard action sheets used in all cases will also ensure that appropriate information is recorded to facilitate legal action where this is deemed appropriate. Ways of keeping records that permit the Council to assess the cost of staff time in dealing with Anti Social behaviour will also be investigated.
11.2 Monitoring of Anti Social Behaviour complaints will permit the Council to measure the occurrence of Anti Social Behaviour and the success of different actions taken. The Council is therefore committed to action on Anti Social behaviour in the following ways: