Antisocial Behaviour Strategy
The Antisocial Behaviour Strategy 2011-2016 was approved by Housing and Social Work Committee on 10 August 2011.
Antisocial Behaviour - Introduction
Antisocial Behaviour has a negative effect on many people’s lives, and The Highland Council, Northern Constabulary and other partners are committed to
tackling it by working together to make the Highlands a safer place.
The Highland Council will provide a service to deal with designated antisocial behaviour during office hours of 9am - 5pm, Monday - Friday, (excluding office holidays)
Telephone: 01349 886602
Registered Social Landlords will provide a service to deal with designated antisocial behaviour involving their tenancies during their office hours - see contact details of housing associations below
Northern Constabulary will respond on a 24 hour, year round basis in investigating reports of criminal activity within communities, telephone:
- Northern Constabulary: 0845 6005703
- Crimestoppers: 0800 555 111
What is antisocial behaviour?
The term antisocial behaviour covers a wide range of persistent selfish and
unacceptable activity that can blight the quality of community life.
Antisocial behaviour can mean many different things to different people but the legal definition is behaviour which “causes or is likely to cause alarm or distress”.
There are wide ranging types of antisocial behaviour, from street problems to
nuisance neighbours and environmental issues. Examples of these are listed below
What isn’t antisocial behaviour?
There are a number of key considerations when determining what doesn’t count as antisocial behaviour:
- Behaviour regarded as acceptable by some can be seen as antisocial and completely unacceptable to others.
- Expectations of standards of behaviour can vary between communities, groups within communities, and individuals including the cultural difference of age.
The Partner Agencies in the Highlands, who are involved in investigating issues of antisocial behaviour, recognise that in some cases differing lifestyles may
cause clashes and conflict between neighbours. In these instances it is not the role of the agencies to address behaviour that is merely different.
What you should do if you are experiencing antisocial behaviour.
If possible, you or a nominated family member/friend should try and sort out the problem in a friendly way. It may be that the person causing the problems isn’t even aware of it and simply discussing the issues and possible solutions can resolve the situation. If you would like to try and resolve the difficulties informally and through discussion and feel you need the help of an impartial third party, mediation may be the solution. Many people find it useful to talk things through with an independent mediator and then decide on their options.
If you rent your home and feel that the difficulties require a formal approach you should contact the relevant landlord (this may be the Council, a housing
association or a private landlord) and ask how they can help. If you are a homeowner, you may wish to consult the Citizens Advice Bureau or your solicitor for advice.
What we will do when you report issues of antisocial behaviour.
Incidents will be managed by the Lead Agency/Service depending on the ature of the incident and will be managed in accordance with approved policies and existing powers and duties.
Frontline staff in each of our Partner Agencies will direct your complaint to the most appropriate Lead Agency/Service depending on the information provided
by you.
The Lead Service/Agency will take steps to follow up on your complaint through their policies and practices as follows:
Criminal Activity
Northern Constabulary will respond and investigate all reports of criminal
activity and work with The Highland Council in managing cases that require joint working arrangments.
In a number of communities CCTV has proved to be a highly effective tool in discouraging antisocial behaviour and providing evidence of crimes.
Misuse of Drugs
Where antisocial behavour is the product of suspected drug dealing, the only Agency with the power to investigate is the Police. It is important that any information involving such incidents is passed to them to allow investigation and enable criminal proceedings. All reports will be taken seriously even if they are made anonymously.
Hate Incidents
Hate incidents, which may be crimes, involve individuals being affected by ehaviour which is seen to be motivated by their age, disability, gender, race or ethnic origin, religion or belief, sexual orientation or social background. This often takes the form of verbal abuse, and, in more serious cases, physical threats and assault.
A website and network of third party reporting organisations called Hate Free Highland has been developed to address this by making reporting easier and to record hate incidents
This will give us information on when and where incidents happen, and which groups are affected.
It will also be used to identify specific incidents that may require action to bring the perpetrators to justice or to stop any other such incidents happening.
Young People
Tackling antisocial behaviour is not about ‘labelling’ particular groups of people. It is about accepting that different age groups may have different views on the behaviour of others and supporting the great majority of people who want to live harmoniously with others in safe and secure communities. This includes the great majority of young people, who are more often the victims of antisocial behaviour, than perpetrators, but we also need to tackle the small minority in communities whose present behaviour undermines this.
Where there are reported issues of antisocial behaviour involving young people, Northern Constabulary will investigate these reports and respond within their powers in relation to criminal investigations and work with The Highland Council, Social Work Service, Area Service Managers in terms of the procedures for ‘Getting it right for every child’ and child protection.
Joint working between agencies also identifies communities where suitable diversionary activities are considered and implemented as an alternative for young people who may otherwise be engaging in incidents of antisocial behaviour. You can find examples of these activities on the Northern Constabulary youth activities webpage.
Noise Nuisance
If the noise is shown to be normal use of someone’s home i.e; doors banging, football against properties, children playing, walking on laminate flooring - no formal or legal action can be taken under the Environmental Protection Act.
Informal discussion between neighbours can help individuals understand the impact of noise on each other and allow them to reach a solution that suits both parties.
Northern Constabulary can respond on a 24 hour, year round basis and have the most effective legislation to deal with late night noise and can use, where required, powers such as those contained in the Civic Government (Scotland) Act 1982 by use of common law powers (breach of the peace) against a person making excessive noise and or confiscating sound equipment immediately for up to 28 days if a person fails to stop the noise on being asked to do so by a police officer.
Northern Constabulary, The Highland Council TEC Services Environmental Health and Housing providers will work jointly following late night noise incidents and ongoing noise complaints, which can include warning letters, joint visits or in some cases the installation of noise monitoring equipment by Environmental Health to establish if a problem exists. If there is found to be excessive noise levels, appropriate action can be taken in terms of the Environmental Protection Act 1990 and may also result in action being taken to recover the tenancy.
Commercial or non domestic noise such as music from pubs, clubs, building and industrial noise such as extract ventilation and refrigeration system noise is investigated by The Highland Council, TEC Services Environmental Health in terms of the Environmental Protection Act 1990.
Environmental Issues - Fly Tipping, littering, dog fouling, abandoned cars.
The Highland Council’s Transport, Environmental and Community Services (TECS) have the power to issue fixed penalty notices in instances where there is evidence of this behaviour. It is not possible to issue fixed penalty notices without supporting evidence confirming the perpetrator.
The Highland Council has a ‘zero tolerance’ to littering and and fly-tipping and undertake campaigns in communitites highlighting this approach. Individuals witnessed dropping litter or fly-tipping will be issued with fixed penalty notices.
The Council actively encourages responsible dog ownership through education and publicity. In some areas a Green Dog Walkers Scheme is being promoted in partnership with local community groups.
Problems with Neighbours who are Tenants of a Landlord
When a tenancy agreement has been signed, tenants are agreeing not to cause a nuisance or harassment to their neighbours. Complaints of this nature should be reported in the first instance to your landlord.
When complaints are received about neighbours, most landlords will usually visit the tenant who is being complained about to let them know that there is a problem. Landlords will not give out details of who made the complaint but this may be obvious to the tenant.
If there is evidence that the tenant has breached the conditions of their lease, the Landlord will decide what action can and should be taken.
Some cases may be best resolved through discussion between both parties rather than more formal action. In more serious cases of deliberate, eventable
and persistent noise, where legal action is most appropriate, we may only be able to progress this route, if you help by providing evidence. In these cases, you will be asked to keep a record of what happens, e.g. what type of problem, dates and times. We will give you a record sheet to help you do this. We may also contact other people and the Police for additional information. It is not possible to succeed in legal action without supporting evidence of persisitant antisocial behaviour towards a neighbour or community.
This route is not a quick fix and may take several months to obtain the supporting evidence. During this time, you will be kept informed of what is happening and will be encouraged to continue to record and report further incidents.
Problems with Neighbours (non tenants)
If you are experiencing problems with your neighbours and neither party is a tenant of a landlord you may contact the Highland Council for some advice or direction.
Other options available to you are the Citizens Advice Bureau or a Solicitor of your choice as this can often involve an independent civil matter and
can include individuals taking out interdicts for example.
Serious and persistant antisocial behaviour
Where the Lead Service/Agency identify that a case requires further or multi agency action, it will be discussed at the local Antisocial Behaviour Partnership Group(ASBPG) meetings and an action plan will be agreed by the agencies involved. You will be kept informed of the proposed actions and outcomes.
The action plan may propose one or more of the following solutions;
- Referral to the Antisocial Behaviour Investigator for further investigation
- Issue of a warning letter
- The perpetrator being asked to agree an Acceptable Behaviour Contract (ABC)
- Issue of a Unacceptable Behaviour Notice (UBN)
- Application for an Antisocial behaviour orders (ASBO)
- Antisocial Behaviour Notice (ABN) against a Private Landlord for non compliance with the Local Authority
- Eviction proceedings from Council or Housing Association tenancy
It is important to note that in some situations the outcome will be as a result of criminal proceedings in which case timescales cannot be dictated by the
Service and or Agencies involved.
It is also important to note that in these cases the decision will be made by the Sheriff.
Who to complain to
Reports of antisocial behaviour can be made by phone to the Council Service Centre on 01349 886602, at any of the Council’s Service Points or Housing and Property Offices. Criminal activity should be reported to your local Police Station.
The following information is provided to assist you in making your complaint to the appropriate Agency/Service for investigation in the first instance.
Nature of Problem - Neighbour disputes e.g. noise, children’s behaviour, parking, pets, lifestyle clashes
Lead Agency/Service
If tenant of a Registered Social Landlord or the Council is involved and you feel formal action may be required - complaint should be made to the respective Landlord.
If not tenant of above - consult with Citizens Advice Bureau or a Solicitor of choice as an independent civil matter.
Nature of Problem - Boundary disputes
Lead Agency/Service
If tenant of a Registered Social Landlord or the Council is involved and you feel formal action may be required - complaint should be made to the respective Landlord.
If not tenant of above or the dispute does not involve land owned by either the Council or other landlords - consult with Citizens Advice Bureau or a
Solicitor of choice as an independent civil matter.
Nature of Problem - Untidy or unsafe property
Lead Agency/Service
Subject - Houses of Multiple Occupancy licensing
Lead Agency/Service
- Highland Council, Chief Executive’s Service, Licensing Section - Administration of licenses.
- Hghland Council, TECS Environmental Health
Officer - Enforcement & Inspection of HMO licenses.
Subject - Registration of Private Landlords
Lead Agency/Service
- Highland Council, Chief Executive’s Service, Licensing Section - Administration of registration applications.
Nature of Problem - Any Form of Harassment or intimidating behaviour
Lead Agency/Service
- Northern Constabulary - Local Police Station or Community Police Officer.
Nature of Problem - Behaviour that causes alarm
Lead Agency/Service
- Northern Constabulary - Local Police Station or Community Police Officer.
If the behaviour is as a result of alcohol or drug misuse, referral may be
made to the NHS and or the Community Mental Health Service.
Nature of Problem - Vandalism and graffiti
Lead Agency/Service
- Northern Constabulary - Local Police Station or Community Police Officer.
- Highland Council, TECS Education and Enforcement Officer.
Nature of Problem - Littering and fly-tipping
Lead Agency/Service
- Highland Council, TECS Education and Enforcement Officer.
Nature of Problem - Abandoned vehicles
Lead Agency/Service
- Highland Council, TECS Education and Enforcement Officer.
Nature of Problem - Dog fouling
Lead Agency/Service
- Highland Council, TECS Education and Enforcement Officer.
Nature of Problem - Animal Welfare
Lead Agency/Service
- Highland Council, TECS Animal Health and Welfare Officer.
Nature of Problem - Dangerous Dogs
Lead Agency/Service
- Highland Council, TECS Animal Health and Welfare Officer
Nature of Problem - Noise Nuisance
Lead Agency/Service
- Northern Constabulary - Local Police Station or Community Police Officer
- TECS Environmental Health Officer
- Landlord/owner
Nature of Problem - Fire setting/raising hoax fire calls
Lead Agency/Service
- Northern Constabulary - Local Police Station or Community Police Officer
- Highlands and Islands Fire & Rescue Service
Nature of Problem - Antisocial use of vehicles
Lead Agency/Service
- Northern Constabulary - Local Police Station or Community Police Officer
Contacts
Respond on a 24 hour, year round basis in investigating reports of criminal activity within communities. Reports can be made at local Police Stations or to Community Police Officers across the force area.
Telephone:
- Northern Constabulary - 0845 6005703
- Crimestoppers - 0800 555 111
Headquarters, 16 Harbour Road, Inverness, IV1 1TB
Telephone: 01463 227000
enquiries@hifrs.org - for a FREE home safety check
Provides a free, confidential advice service on a wide range of subjects.
Your nearest office can be found on their website.
A website and network of third party reporting organisations has been developed to make reporting easier and to record hate incidents.
Provides emotional support, practical help and essential information to victims, witnesses and others affected by crime. The service is free and confidential.
Monday - Thursday: 9am - 4.30pm
Friday: 9am - 4pm
Scottish Helpline: 0854 6039 213
Protects and improves the environment.
Monday - Friday: 9am - 5pm
(excluding office holidays)
Telephone: 01349 886602
Community Safety
Community Safety is a key priority for the Highland Council and the Council has a dedicated Community Safety Unit to work towards improving the quality of life in the Highlands and to ensure that everyone can live safely in their communities.
Domestic Abuse
If you or anyone you know suffers from domestic abuse, you can get help and advice from the Council. Please go to the Domestic Abuse page for more advice.
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You might find it useful to form a neighbourhood watch scheme with your neighbours.