Anti-Social Behaviour and Hate Crime Policy

• This policy applies specifically where YHG provides a service to its customers and any additional service users within its accepted remit.
• This policy applies to all paid and voluntary YHG colleagues and contractors.
• Our aim is to tackle ASB and hate crime through the following measures:

• • • Deter
    • Customer expectation and involvement
    • Early intervention
    • Partnership working
    • Enforcement
    • Support and rehabilitation

• YHG seeks to have comprehensive policies and procedures in place that are compliant with legislation and best practice yet remain flexible to the needs of the communities it serves. This policy reflects good practice and meets legal and regulatory requirements. 
• This policy aims to ensure that all ASB, hate incident and crime reports which directly or indirectly affect our housing management functions are dealt with in a nondiscriminatory way.

3.1. ASB can cover a range of issues from inconsiderate behaviour to criminal behaviour. 

We define ASB as conduct that: 

• causes or is likely to cause a nuisance or annoyance to anyone directly or indirectly as to interfere with the quiet enjoyment of their home or affects our housing management functions; or

• involves using or threatening to use our homes and neighbourhoods for an unlawful purpose

3.2. We consider the following to be examples of ASB, these examples are not exhaustive or exclusive:

• Violence and threats of violence against people and/or property;
• Aggressive and/or threatening behaviour or language (including  causing or committing any act of violence or any form of harassment, intimidation or abuse against any colleagues or anyone authorised to act on behalf of YHG);
• Any type of hate behaviour that targets members of identified groups because of their perceived differences; 
• Intimidation and/or harassment; 
• Being drunk and disorderly in the neighbourhood; 
• Selling drugs, or drug abuse 
• Using a property for illegal or unlawful purposes e.g., the production, storage and/or selling of illegal substances, the storage of stolen goods 
• Prostitution 
• Noise nuisance such as shouting, swearing, and playing loud music, using noisy machinery etc.; 
• Graffiti, and damaging property 
• Misuse of communal areas; 
• Nuisance from vehicles and e-bikes 
• Making false or malicious complaints about another person; 
• Animal related nuisance; 
• Interfering with or damaging security or safety equipment in any property

3.3. People have a right to enjoy their homes and are entitled to go about their daily lives without having concerns that reports will be made against them. We expect neighbours to be tolerant of other people’s lifestyles so long as their lifestyle is reasonable and therefore cannot accept reports of behaviour that  most  people accept as a reasonable part of everyday life. We will not generally deal with the following examples as reports of ASB: 

• Children playing 
• Isolated incident of loud noise
• Isolated incident of a dog barking 
• Noise complaints related to hearing footsteps from an adjacent property
• Actions which amount to people being generally unpleasant to one another, including name-calling and disputes via social media such as Facebook, TikTok and Instagram unless it amounts to harassment or hate incident and crime
• Parking issues 

3.4. Colleagues will exercise professional judgement when assessing whether a report of ASB meets our definition or not. Where the behaviour reported is not ASB, we will provide customers with self-help options where appropriate, including signposting customers to other agencies.

3.5. Hate crime, are any crimes that are perceived to be targeted at a person because of hostility or prejudice towards that person/s:

• Disability 
• Race or ethnicity 
• Religion or belief 
• Sexual orientation 
• Transgender identity 
• Alternative subculture (such as being Goth, Punk or Hipster are vibrant and diverse subcultures)

3.6. Hate crime can be committed against a person or a property, and can be expressed in many forms, and may include: 

• Assault 
• Criminal damage 
• Robbery 
• Sexual assault 
• Harassment 
• Inciting others to commit hate crimes

3.7. Hate incident is any incident where person/s thought that the incident was hate related and may include:

• Verbal abuse and insults 
• Isolation and exclusion
• Abusive phone calls or text messages/hate mail 
• Online abuse 
• Distributing discriminatory literature 
• Bullying or intimidation 
• Damage to home, pets, vehicle etc. 

3.8. The term Customer relates to residents including tenants, leaseholders, and freeholders. 

3.9. We will promote the ASB case review (previously known as a Community Trigger) with our customers, this is a mechanism for victims  of persistent ASB to request that relevant bodies undertake a case  review. Where the threshold is met the local authority will carry out the ASB case review end to end and when requested we will share  information in relation to the ASB case and action that has previously been taken. Relevant bodies are set out in the ASB Crime and Policing Act 2014 and include local authorities, the police, health providers and providers of social housing.

Consultation on this Policy has taken place with managers and colleagues within housing, members of the Customer Connect Panel, Risk and Compliance Group, and Customer Services Committee.

Under the Neighbourhood and Community Standard, registered providers are required to publish a policy on how they work with relevant organisations to deter and tackle ASB in the neighbourhoods where they provide social housing.

To deter and respond to reports of ASB, registered providers shall demonstrate:

• that customers are made aware of their responsibilities and rights in relation to ASB;
• they will provide strong leadership, commitment, and accountability on deterring and tackling ASB that reflects a shared understanding of responsibilities with other local agencies;
• a strong focus on measures that deter and are tailored towards the needs of customers and their households;
• that prompt, appropriate and decisive action is taken to deal with ASB before it escalates, which focuses on resolving the problem, having regard to the full range of tools and legal powers available;
• that all customers and residents can easily report ASB, are kept informed about the status of their case where responsibility rests with the organisation, and are appropriately signposted to give them appropriate support and assistance

In our approach to ASB, hate incidents and crime, YHG is committed to identifying potential problems at the earliest possible stage and making positive intervention to deter situations becoming more serious. We are committed to working with victims to determine our responses in dealing with reported ASB incidents and we will encourage people to report criminal acts to the police. We will carry out, a risk assessment to assess the impact the ASB is having on the individual and discuss any support requirements. We will also use the risk assessment to help us prioritise cases.

We will work to deter ASB, hate incidents and crime happening in the first instance by challenging the attitudes and behaviours that foster hatred and encourage early intervention to reduce the risk of incidents escalating.

We will proactively deal with reports and ensure that effective procedures are used to tackle causes and consequence. We will take action against perpetrators and support victims.

We may also complete referrals to other agencies where necessary to help, assist and encourage other interventions.

We will provide a range of options for reporting ASB incidents. This includes by telephone, letter, through our website and to our external service provider outside working hours. This makes reporting ASB accessible to people from all our communities. We will ensure that all relevant colleagues are trained to receive a report of ASB, hate incident or crime and ensure that all the relevant teams responsible for managing ASB cases are trained to respond to it.

We will work with the victim and witness of ASB where this is possible, to agree a plan to tackle the ASB. This will set out the actions the person and YHG will take to resolve or reduce the ASB. A named colleague will keep these customers informed at regular intervals about the action being taken, including next steps to deal with the ASB. We ask the victim and witness for evidence of ASB using incident sheets and the noise app and agree the frequency of updates with the customer. Where it is appropriate to do so, we will use mediation to try and resolve the ASB before it escalates.

We will support and contribute to partnership initiatives to reduce crime, ASB or hate crime in areas where we have housing stock.

We will, where necessary request, arrange and attend partnership meetings with relevant agencies to provide relevant information to help resolve specific issues of ASB, hate incident or crime.

We will work with responsible agencies such as the Local Authority and Police when a ASB case review is requested.

We will take proportionate and timely action to deal with the ASB. The action will be proportionate to the severity, impact, and frequency of the ASB and the evidence available to support the case. Where appropriate we will also consider the use of relevant legal interventions, as provided for in current legislation, including:

1. obtaining Respect Orders, a civil behaviour order (gradually replacing ASB injunctions) against the perpetrators of the ASB, seeking possession of perpetrators’ homes;
2. asking partner agencies to make use of powers available to them, including seizing vehicles (including e-bikes) involved in ASB;
3. the use of closure notices for nuisance premises;
4. Ground 7a of the Anti-Social Behaviour, Crime and Policing Act 2014 for absolute possession will be considered in appropriate circumstances where the grounds for possession are made out and provide information on how to apply for a Right to Review. This review will be conducted by an independent senior manager.

When considering legal proceedings, we will complete a proportionality assessment based upon all the facts available to us at the time.

We will work alongside partner agencies to offer support to perpetrators of ASB to create more sustainable tenancies and communities.

We take a robust approach to all forms of hate and will handle the investigation of incidents appropriately.

Where appropriate, we will work in partnership with other agencies on incidents of hate crime.

Dealing with hate incidents and crime is part of our commitment to promote equality and diversity and tackle ASB. Hate incidents and crimes stem from prejudice against others based on views about people’s differences. They are, therefore, contrary to our principle of diversity where differences are respected and valued.

We will investigate all hate incidents and if an incident of ASB is perceived by a customer to be motivated by hate, then it will be investigated as such. The apparent lack of motivation as to the cause of a crime or an incident is not relevant, as it is the perception of the person affected that matters.

As part of our multi-agency approach in dealing with hate crime we will report all hate incidents and crime to the Police. This could be for recording purposes or action, depending on the customers’ wishes.

We have a separate Safeguarding Policy that will be followed if any safeguarding concerns are raised when dealing with reports of ASB, hate incidents and crime.

We have a responsibility to all our colleagues, contractors and volunteers which allows them to work, so far is reasonably practicable, in an environment that is safe, secure and free from fear of violence and threats of violence or abuse.

When identifying a person or property that may present a risk, we endeavour to ensure, via the application of a dynamic risk assessment, that the appropriate steps are taken to help us manage potentially sensitive or dangerous issues.

Any reported concerns in relation to colleagues safety/protection will be considered by our ASB and Health and Safety teams, where necessary, in line with this policy.

We encourage our customers and people living, visiting, and working in our neighbourhoods to report ASB, hate incidents and crime to us. We provide a range of ways to report these activities:

• Website
• Email
• Webchat
• In writing
• Telephone

All reports of ASB, hate incidents and crime are logged on our incident risk management system and allocated a Red, Amber, or Green case risk status based on information provided at the time when the risk assessment was completed.

We will close an ASB case when:

• the behaviour has improved to an acceptable level;
• when there is no further reasonable action we can take to resolve the matter;
• or at the request of the customer reporting the ASB

We will seek to discuss our intention to close the case with the customer who reported ASB before we send a closure letter. We will only consider re-opening a case if it is appropriate to do so.

Responsibility for the execution of this policy rests with all colleagues and contractors working on behalf of YHG, whether that work is paid or voluntary. Responsibilities include the reporting of and/or the management of ASB incidents.

If any colleague has any concerns about the safety or wellbeing of a child and/or adult at risk, they must immediately follow the YHG Safeguarding Procedure and/or Domestic Abuse Procedure

Failure to comply with these obligations may result in disciplinary action in accordance with our Disciplinary Procedure.

As new policies are formulated it will be the responsibility of the ASB Service Improvement Group, Safeguarding Operational Group, Equality, Diversity and Inclusion Group to ensure any necessary updates to this policy are made in a timely manner.

ASB, hate incident and crime is a key responsibility for housing, care and support providers. YHG will seek to mitigate business risk through this policy.

The risk here is not just risk to the business, the first and most crucial risk is to customers. Where it is practicably possible YHG will always try and safeguard children and adults at risk who live in our properties and/or receive our services.

Colleagues reporting incidents of ASB or hate incidents/crime must follow the Incident, Accident and Near Miss procedure.

We will ensure YHG is compliant with the standards for tackling ASB and hate incidents/ crime in line with legislative requirements.

We recognise that confidentiality is important to customers and will treat all information relevant to each customer in the strictest confidence, as will all contractors, under the Data Protection Act 2018, including the GDPR provisions. YHG’s Data Protection Policy will also be adhered to in following this policy.

We recognises that all children and adults at risk, without exception, have the right to protection from abuse.

This policy complies with the Equalities Act 2010 to ensure equality of treatment for all customers without discrimination or prejudice.

We will ensure that the maximum information in relation to the customer and the property is available and is used by both its employees and contractors to enable the service to be delivered sensitively to YHG customers. All protected characteristics (as defined within the Equality Act 2010) will be considered.

An Equality Impact Assessment has been undertaken on this Policy.

On request, YHG will provide translations of all its documents, policies and procedures in various languages and other formats such as large print, Braille etc, these can be arranged by contacting Your Response, who will contact the customer.

All relevant colleagues will be required to read this policy under the mandatory reads section on Youggle.

We are committed to putting arrangements in place that ensure effective training of all colleagues.

We expect all colleagues to be trained in children and adult safeguarding at Level 1. Further levels of training will be determined by the responsibilities set out in role profiles and functions.

We will use the following Key Performance Indicators and Tenant Satisfaction Measures to measure and monitor our performance:

1. Key Performance Indicators:

• Number of new ASB cases reported;
• % of ASB cases met First Point of Contact (FPOC) triage within timescale (2 working days);
• Number of open ASB cases;
• % ASB cases resolved;
• % Resolved by 1st intervention e.g. ABC and warning (verbal/written);
• Number of closed ASB cases.

2. Tenant Satisfaction Measures:

• NM01 – ASB cases relative to the size of the landlord
• TP12 – Satisfaction with the landlord’s approach to handling ASB

We will review this policy every 2 years, or earlier if required by statutory, regulatory, legislative, or best practice requirements or the need to update this policy following reviews of other YHG wide policies or improvements identified by service reviews, scrutiny, or feedback from customers.

This Policy will be reviewed by the Service Manager – Housing Operations.