Everybody, whether a Council or Housing Association tenant, a private tenant or a homeowner, has the right to live safely and peacefully without worrying about being bothered or troubled by other people. The Highland Council wants to make Highland safer for everyone. We are working with the Police and other partners to make sure this happens.
What is Anti Social Behaviour?
People can cause nuisance, annoyance or distress to their neighbours in many ways, by:
- making too much noise
- assaulting or verbally abusing them
- racially harassing them
- damaging their property or
- selling drugs
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What can I do?
Depending on the type of problem you are experiencing, there are a range of actions which can be taken.
The Government has given Councils, and more recently Housing Associations, powers to tackle the most serious cases of anti social behaviour using Anti Social Behaviour Orders (ASBOs).
This page explains what ASBOs are and what you should do if you are experiencing anti-social behaviour.
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Where do I start?
If possible, you 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.
If this doesn’t work, or you don’t feel comfortable about talking to your neighbour, you should contact your landlord if you rent your home (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 your solicitor for advice.
Before you go for advice, it would be helpful for you to write down what has happened – you might find it helpful to keep a diary of what happens. Give as much detail as you can about the problem, including dates and times. You should then be advised on the next stage. This may, for example, include reporting repeated incidents to the Police or to your local Technical, Environmental and Community (TEC) Services. TEC Services is a part of the Council which deals with things like noise nuisance and environmental health issues. It may be necessary for the Police, the Council or your landlord to issue a warning, or there may be a need to gather evidence to apply for an ASBO.
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What is an Anti Social Behaviour Order?
The Council can apply to take out an Anti Social Behaviour Order (ASBO) against anyone over the age of 16, who is responsible for serious or persistent anti social behaviour. Housing Associations can apply to take out an ASBO if it is to do with anti social behaviour and their housing.
An ASBO will restrain named individuals from behaving in an anti social way or from engaging in anti social conduct, including speech, which is likely to cause alarm or distress to people who are not living in the same household. Anyone who breaches the conditions set out in an ASBO will be liable to criminal prosecution and possibly imprisonment.
ASBOs are not meant to be used to address behaviour that is merely different or behaviour that is the result of a mental disorder, nor are they aimed at disputes between neighbours over, for example, boundaries.
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What happens if an ASBO is obtained?
When the Council or Housing Association applies to the sheriff for an ASBO, they will give evidence of what sort of behaviour has been causing a nuisance and if an ASBO is granted it will set out conditions which the person must obey. This might include not going into a certain area, for example. If the ASBO is breached then the Police will report the breach to the Procurator Fiscal and the person may then be prosecuted.
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How does the Council or a Housing Association apply for an ASBO?
To apply for an ASBO the Council or Housing Association will need to go to Court to get an Order - and prove the nuisance to the Sheriff.
We will apply for an ASBO if we think that this is the best way of protecting people from serious or persistent anti social behaviour and other appropriate solutions have been tried and failed.
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How can I find out more?
If you would like to find out more about what to do if you are experiencing nuisance and harassment, you can contact:
- Your nearest Service Point. They will make an appointment for you to see a member of staff from TEC Services or Housing Services depending on the type of problem you are experiencing. They will discuss your problem with you and advise you what to do next. If you are a private or Housing Association tenant you should contact your landlord for advice in the first instance.
- Your local Councillor.
- Citizens Advice Bureaux. They offer a free and confidential advice service.
- Your solicitor, for advice as to what action you can take yourself.
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