Anti-social behaviour policy 2026 to 2029

Two of Ashfield District Councils’ 6 strategic priorities for 2023 to 2027 are to provide a "Safer and Stronger, and Cleaner and Greener District" for residents, businesses and its visitors. To achieve this ‘We will work with our partners to ensure people feel and are safe by tackling anti-social behaviour (ASB) and environmental related crime throughout the district’.

ASB is taken very seriously by the Council. Our Corporate Plan and Community Safety Partnership (CSP) plan sets out key activities to address anti-social behaviour, nuisance, and environmental crime across the district.

The Council understands the impact that ASB and neighbourhood nuisance can have on individuals and communities and is committed to taking appropriate action against those who engage in such behaviour as set out within this Policy. The Council is equally committed to identifying any vulnerabilities that may adversely impact on residents’ ability to access this service and make reasonable adjustments to remove any barriers (where appropriate).

To achieve our priorities, the Council strives to work with all residents. The Council ensures that sufficient staff resources are committed to the delivery of this policy and has available a full range of tools and powers to address and prevent ASB escalating. We ask that all residents, and members of their families, including children or visitors to their home to show consideration and tolerance for their neighbours and the wider community.

This Policy sets out the service standards and approach that the Council will take to address and seek to prevent ASB and the safeguarding of vulnerable residents. A separate section for the handling of alleged ASB related to council tenants’ is incorporated within this policy. This sets out responsibilities Ashfield District Council has as a social landlord. We as a Council have statutory and regulatory requirements we must adhere to, as well as an obligation to enforce the conditions of the Council’s tenancy agreement.

This Policy aims to:

• Demonstrate the Council’s approach in fulfilling its legal obligations as an authority and a social housing landlord.
• Illustrate the Council’s commitment to working in partnership with other agencies and residents to explore prevention and early intervention actions, to problem solve ASB and neighbourhood nuisance across Ashfield.
• Provide clarity on how the Council will address ASB using various tools and powers.
• Ensure the Council takes a ‘person centred approach’ when supporting complainants or victims of ASB and safeguarding those who are vulnerable or at risk.
• Ensure all residents are treated in a fair and equitable manner.
• Set out the mechanisms complainants can use if they are dissatisfied with the service.
• Set out how the Council meets their statutory and regulatory requirements around the tackling of ASB, including compliance with the Regulator of Social Housing’s Consumer Standards.

We are committed to responding promptly and effectively to ASB and making use of all legal powers available to us, where appropriate and proportionate. Customers of Ashfield District Council can expect that we will:

• Acknowledge receipt of reports of ASB within 1 to 5 working days (dependent on the seriousness of the ASB)
• Respond promptly to urgent cases i.e. hate incidents, safeguarding and abuse
• Make contact to discuss the problem and agree a course of action
• Provide a named officer and contact number throughout the investigation
• Undertake a risk assessment for reports of ASB and take any appropriate action to safeguard any of the parties involved
• Maintain contact and provide updates on the progress throughout the case
• Produce and review an action plan for cases of anti-social behaviour
• Offer referrals and signposting to support services and other agencies, if appropriate to do so
• Take appropriate action against individuals engaging in ASB
• Communicate clearly with all parties before stepping down our investigations
• Ensure that personal information is treated sensitively and securely, in line with General Data Protection Regulations (GDPR)

To support the Council and its partners to investigate reports of ASB, taking appropriate and proportionate action where necessary, we ask that customers who report ASB help us by:

• Being open and honest with us from the outset
• Allowing us to review all information available to support case investigation
• Reporting incidents to us within a timely manner
• Reporting criminal activity to Nottinghamshire Police
• Allowing installation of investigatory equipment if advised by the Council
• Supporting the gathering of evidence e.g. complete and return diary sheets
• Being prepared to be interviewed and allowing a statement to be taken
• Attending Court as a witness, if required
• Providing feedback on the service to inform Council service improvements

Legal definition

The Anti-Social Behaviour, Crime and Policing Act 2014 defines anti-social behaviour (ASB) as:

• conduct that has caused, or is likely to cause, harassment, alarm or distress to any person
• conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or
• conduct capable of causing housing-related nuisance or annoyance to any person.

In addition, the Council has responsibility for investigating Statutory Nuisance which is often reported as a form of ASB. Statutory Nuisance is defined under the Environmental Protection Act 1990 and can relate to reports about noise, light pollution, smoke, smells, waste on land, smoke and fumes where those matters are deemed to be prejudicial to health or a nuisance.

ASB covers a wide range of unacceptable activity that causes an annoyance or disturbance to an individual, their community or environment. This could be an action by someone that leaves a person feeling harassed, alarmed or distressed. If a problem becomes persistent and disputes happen frequently then this may constitute ASB.

Examples of ASB may include:

• Using loud foul and/or abusive language
• Verbal or written abuse
• Malicious communications
• Underage drinking or smoking
• Threats of violence, intimidation, or harassment
• Arguing, shouting or fighting.
• Damaging, or threats to damage property
• People gathering in groups acting ‘rowdily’
• Drinking alcohol or swearing in a public place

Examples of environmental ASB may include:

• Waste accumulation
• Fly tipping and littering
• Dog fouling
• Graffiti
• Nuisance bonfires
• Abandoned vehicles
• Vandalism
• Persistent, unnecessary, or excessive noise
• Persistent and/or excessive animal nuisance or noise
• Light nuisance or interference
• Nuisance smells, smoke or odours

What is not anti-social behaviour and will not be investigated under this policy:

• Children or young people playing in the street (unless targeted behaviour)
• Overgrown gardens (when there is no public health issue or statutory nuisance)
• Parking or obstruction issues
• Matters relating to shared access or boundaries
• Babies crying (unless concerns relating to safeguarding or abuse)
• General living noise (closing of doors, use of stairs, washing machine etc)
• Intermittent animal noise
• Domestic cooking smells
• Home improvements or renovations carried out at reasonable times of the day
• CCTV, “Ring” Doorbells or other surveillance equipment installed in domestic homes (this is a matter for the Information Commissioner’s Office) *

*General living noise, CCTV and ‘camera’ doorbells may be investigated only for council tenants, under the conditions of the tenancy agreement.

This document has been informed by the legal provisions set out in this list:

• Social Housing (Regulation) Act 2023
• Domestic Abuse Act 2021
• Data Protection Act 2018
• Homeless Reduction Act 2017
• Anti-Social Behaviour, Crime and Policing Act 2014
• Equality Act 2010
• Clean Neighbourhoods and Environments Act 2005
• Housing Acts 1985,1996 and 2004
• Anti-Social Behaviour Act 2003
• Criminal Justice Act 2003
• Police Reform Act 2002
• Crime and Disorder Act 1998
• Human Right Act 1998
• Protection from Harassment Act 1997.
• Town and Country Planning Act 1990
• Environmental Protection Act 1990
• Public Order Act 1986
• Police and Criminal Evidence Act 1984
• The Refuse Disposal (Amenity) Act 1978
• Misuse of Drugs Act 1971
• Criminal Damage Act 1971
• Public Health Acts 1936 & 1961
• Prevention of Damage by Pests Act 1949
• Offences against the Person Act 1861

New reports of ASB can be made in the following ways:

• By telephoning the Council on 01623 450000
• By emailing: asbduty@ashfield.gov.uk
• By emailing: tenancy@ashfield.gov.uk (Council tenant related ASB)
• Via the resident and tenant portals
• Online via our reporting form
• In writing or in person by visiting Ashfield District Council, Council Offices, Urban Road, Kirkby in Ashfield, Notts. NG17 8DA.

All reported ASB and neighbourhood nuisance will be responded to within 5 working days with high level reports of ASB being responded to sooner.

Our acknowledgement times are:

• High level ASB reports – up to 1 working day
• Low level ASB reports – up to 5 working days

Whilst the table below sets out the examples of reports that fall into each category, each reported issue will be assessed individually, dependent on the impact on the complainant, which may change the level of severity. This is not an exhaustive list.

High Level

• Domestic abuse (perpetrator)
• Hate crime
• Serious violence
• Weapon/Firearms related disclosures
• Drug dealing / ongoing drug use
• Harassment, intimidation, and threatening behaviour
• Human trafficking
• Abuse towards staff
• Extremism or terrorism
• Modern slavery

Low Level

• Smoke or bonfire nuisance
• Noise nuisance
• Damage to property or vandalism
• Misuse of public / communal areas
• Graffiti
• Waste accumulation
• Littering and flytipping
• Dog fouling
• Abandoned vehicles
• Light nuisance

In an emergency, where there is an immediate risk to life or property, complainants and witnesses should always ring 999 and ask for the appropriate emergency service. In such circumstances and where there is belief a crime is committed, we will also ask you to report incidents to the Police or other services (and do this on your behalf if appropriate to do so) as they may be the most appropriate agency to investigate the incident.

Whilst a response may be provided outside of core working hours, the Council will only be expected to respond to your reports during working hours as set out

• Monday – Thursday 8:30am to 5:00pm
• Friday 8:30am to 4:30pm

The Council will not be expected to respond at weekends, bank holidays or periods when the Council is closed such as the Christmas/New Year period. Complainants are advised to report any incidents of ASB during this period to the Police by contacting them on 101 (non-emergency) or 999 in an emergency or where a crime is in progress.

The Council will take reports from all residents regardless of their housing status and are able to investigate matters relating to private tenants, owner/occupiers as well as tenants of Ashfield District Council properties. Complainants from or about other social housing providers will be referred to their landlord for investigation in the first instance.

We are committed to:

• Addressing reports of ASB, nuisance and environmental crime and seek both sides of the story where necessary.
• Taking appropriate/proportionate action based on the evidence available and the impact on the victim.
• Tackling ASB caused by any person whose behaviour impacts upon the communities that we serve. Therefore, we will work closely with partner agencies to resolve issues in the most effective way.
• Taking anonymous reports of ASB. However, we will not be able to provide a progress update or check certain facts with anonymous reports which may limit the scope of progressing the investigation and/or resolving the issues reported.
• Making partnership reports or referrals where the Council is not the most appropriate authority/agency/housing provider to deal with the issues reported. In such circumstances we will direct any person to the appropriate agency or department.
• Protecting vulnerable residents and those at risk by reporting safeguarding and criminal matters to the appropriate agencies.

Ashfield District Council has various tools and powers at its disposal to address ASB across the District. We have adopted an incremental approach and use a range of non-enforcement tools to engage and negotiate changes in behaviour. If this is unsuccessful or issues are deemed serious, we use enforcement tools which range from statutory notices and fines to interventions which may result in a criminal record and custodial sentence. 

Any actions taken will be proportionate to the ASB being experienced and will be dependent on the evidence available to the Council. The range of legal and non-legal remedies the Council can consider include, but are not limited to, the following:

Non - enforcement tools

• Verbal or written warnings
• Diversionary Activities - This may include initiating working with partners to provide activities for young people e.g. sports 
• Referrals to external agencies for support/enforcement -
• Identifying vulnerabilities and unmet support needs e.g. Mental health services, Drug and Alcohol, Social Care or referrals to Police etc
• Low level mediation - useful for incompatible lifestyles / counter allegations e.g. neighbour disputes 
• Acceptable behaviour contracts or Good neighbour agreements
• Multi Agency case conference - To coordinate action/support with a range of agencies to seek to resolve issues contributing to ASB e.g. Complex Case panel, Hoarders Panel, Rough Sleepers Panel 
• Monitoring behaviour - monitoring behaviour and identify any further support needs/ vulnerabilities
• Equipment to aid understanding of the impact on complainant of behaviour e.g. noise monitoring equipment 

Legal enforcement tools

• Abatement notice - Issued to cease behaviour, activities or factors that result in statutory nuisance
  Injunction - Imposed by Courts for any person aged 10 years plus. Breaches can lead to custodial sentence and fines in serious cases
• Community Protection Warning or Notice - These set out behaviour changes or actions required, and a notice is served if this persists. Breaches may result in a fixed Penalty Notice and fine 
• Fixed Penalty Notice - Issued linked to the above and for dog fouling, littering or fly tipping.
• Direction to move on - Directed to move out of the designated vicinity defined by Public Spaces Protection Order for up to 48 hours
• Closure Notice and Orders - Closure of premises (residential and commercial) related to serious nuisance or disorder
• Criminal Behaviour Order - issued via the Court to prevent ASB
• Prevention of damage by pests notice - Issued to responsible persons to keep land free of rats and mice

As a social housing landlord, the Council has additional responsibilities towards its tenants. This is set out in the Social Housing (Regulation) Act 2023 and the Housing Acts 1985 ,1996 and the Secure Tenancies (Victims of Domestic Abuse) Act 2018. Increasingly, the Council are rehousing people with a range of vulnerabilities and use all contacts as opportunities to identify those vulnerabilities. This applies to both the complainant and the tenant being complained about.

Reporting ASB

When reporting ASB to any department within the Council the complainant can expect the following service standards.

• The complainant to tell us once 
• We will explain what will happen next
• We will tell you who will be managing the case
• Keep you updated on progress with the case 

We will ask if the complainant has any vulnerabilities which are referenced in the Vulnerable Tenants Policy, and we will make any reasonable adjustments (where appropriate) to ensure the complainant can access the service. Further information regarding the adjustments available can be found in the Council’s Reasonable Adjustment Policy.

ASB reports we deal with 

The list of ASB the Council will deal with are the same for council tenants as for all other residents, with the exception of general living noise. For council tenants we classify those reports as Considerate Living. This encompasses noise between flats such as use of washing machines, other normal daily life activities, TV or music being played causing a nuisance. In these cases, we may work in conjunction with our Housing Operations (Repairs) and Assets Teams to seek solutions to reduce any noise issues which are made worse by the design of the property. This can include all property types.

We can consider nuisance from video doorbells and CCTV as permission to install such devices is required within the tenancy agreement and can be withdrawn or modifications required to these devices. This ultimately can be re-enforced through the tenancy conditions.

Taking action 

The incremental approach adopted by the Council equally applies to council tenants, with the distinction being the types of actions that are taken. The focus for tenants being complained about is to seek co-operation to assist and support them to sustain their tenancy. We will explore identifying vulnerabilities and make either referrals to agencies or provide direct support via Tenancy Sustainment Team.
 
Where all alternative avenues of resolution have been explored and not resulted in a satisfactory resolution, enforcement action may be pursued as a last resort. The tools used are detailed below and the type of ASB case they are applied to:

The legal enforcement tools are the same as for all residents with the addition of the following for breaches in the tenancy agreement:

• Notice of Seeking Possession (NOSP) – putting on notice breaches of tenancy
• Possession Order – obtained through Courts when NOSP has failed to address behaviour to gain repossession or suspended pending a change in behaviour
• Absolute Grounds for Possession Outright – obtained through the Courts following criminal conviction
  Demoted Tenancies – reduces the rights of a secure tenant for a period
• Extension to Introductory Tenancy – extend from 12 months to 18 months providing less security of tenure than a secure tenant
• Notice of Proceedings for Possession Introductory Tenant – application to Court to gain repossession following breaches of tenancy

We will normally only close a case of ASB when the matter has been resolved and the resident reporting the issue is satisfied with the outcome. However, in some circumstances it may be necessary to close the case without their agreement. This will happen when:

• We have done everything we reasonably can to resolve the issues.
• The person reporting the issue/s has not replied to our requests to contact us.
• We consider that the allegations made are false or malicious.
• There is a lack of cooperation or refusal to work with the Council to resolve the alleged behaviour.

We will not assume that a situation has improved if we have not heard from the persons reporting the incident/s. We will attempt contact with them and any other key parties involved before it is closed.

When we close a case, a notification outlining the reasons will be sent to all relevant parties, unless doing so poses a risk, the address is unavailable, or alternative arrangements have been agreed.

Following this, a survey will be sent to the customer reporting the issues to provide feedback on the service to help review service delivery and understand customer need. Information can be provided anonymously.

Cases will only be re-opened where there is new evidence of ASB or nuisance, or where there has been a material change to the case which falls within the definitions of this Policy.

If persistent, and potentially vexatious complaints continue, then we will carefully consider the most appropriate course of action, under the Council’s ‘Unreasonable Persistent Complainants Policy’.

The Council regularly reviews a range of information and intelligence from partner organisations, reported ASB, resident and tenant data and customer satisfaction surveys. In addition, feedback from the Community Protection Officers patrols, Housing estate inspections, Community Safety events and Safer streets partnership projects is considered. The Council undertakes partnership meetings with the police and other agencies on a regular basis to tackle trends and emerging issues across the district using problem solving analysis.

This enables the Council and its partners to review:

• Geographical hotspots
• Any pattern of characteristics of alleged perpetrators
• Any trends in specific behaviours
• Any pattern in repeat reporting in particular property types e.g. flats
• Any trends in repeat complainants
• Service improvements

This analysis is used to determine the most appropriate agencies to work with to develop proactive strategies and actions to address emerging ASB, putting in place lasting solutions. As a landlord the Council uses this analysis to target resources to help and support to those tenants identified as being potentially at risk of ASB as both complainant and other tenants involved. In addition, we seek to address the characteristics of identified hotspots of ASB to design out this in future.

We work in partnership with various stakeholders to address ASB, nuisance and environmental crime across the district and encourage behavioural change for those who have engaged in such activity.

A list of organisations we frequently work with have been provided :

• Nottinghamshire Police 
• Registered providers of social housing
• Nottinghamshire County Council
• Nottinghamshire Victim Care 
• Domestic Abuse Services
• Nottinghamshire Probation Service 
• NHS and Health Providers
• Change, Grow, Live (drug and alcohol service) 
• Schools, educational facilities and youth services
• Nottinghamshire Fire and Rescue Service
• Other local authorities, including town and parish councils
• RSPCA
• Voluntary organisations
• The Environment Agency
• Multi-agency partnerships/boards 

There may be occasions where these organisations are better placed to deal with residents reports of ASB and the Council will make residents are aware of this upon assessing the report and / or throughout the investigation.

ASB can have a detrimental effect on people’s lives, and we understand the importance of supporting individuals when investigations are being carried out.

Where safeguarding issues arise, the Council will support and make referrals to our partner agencies to support and protect vulnerable adults and children.

If appropriate, the Council will consider additional multi-agency solutions by referring the case to the Complex Case Panel or referring council tenants to Housing’s Tenancy Sustainment Team.

Complex Case Panels are a group of professionals from various agencies including the Police, Fire Service and Social Care who meet regularly to discuss complex cases. Cases that are referred may involve individuals that require a variety of services to support them.

Ashfield District Council will not, under any circumstance tolerate any threats, violence or abusive behaviour towards our staff, contractors or elected members. We will take firm action against any person who abuses, shows acts of aggression or intimidation towards any Council official or contractor working on our behalf. We will also involve the Police if it is decided that this is warranted.

Where we believe it is in the public interest, we will publicise details of enforcement action in the media. We do this to make sure communities are aware of the action we take and to discourage other people from committing crime and ASB.

We welcome feedback from all customers reporting ASB and will seek to fully resolve any complaints about the service provided as they a valuable source of information to help us improve how we deliver services.

When complainants are dissatisfied with the service they have received, they can make a complaint to the Council and are encouraged to discuss this with relevant service area, in the first instance. Complaints can be submitted in the following ways:

• completing our online form on this website
• emailing us at info@ashfield.gov.uk
• telephoning us on 01623 450000
• writing to us at:

Ashfield District Council
Urban Road
Kirkby in Ashfield
Nottinghamshire
NG17 8DA

• in person at our Council offices:

Urban Road
Kirkby in Ashfield
Nottinghamshire
NG17 8DA

• in person to a Council Officer conducting Council business on the district

Due to the nature and volume of contact received via the Council’s social media channels it is not always possible to review and action all comments/posts, therefore, the Council will not accept complaints received via social media.

If a resident wants to make a complaint about our service it is extremely helpful if they can explain what they are concerned about and how they would like it resolved, as this may mean we can rectify the issue for them in a much quicker timescale and to their satisfaction.

Further information regarding the Council’s Complaints and Compliments Policy can be found on this website:

• link:  Complaints and Compliments Policy.

Complainants can seek advice from the relevant Ombudsman at any stage of the complaints process. Both Ombudsman services are independent bodies and they can provide complainants with advice, information and support about making a complaint / the complaints process of the Council and can also independently investigate a complaint.

They will usually only consider investigating a complaint after it has been through our complaints procedure as they expect complainants to bring their concerns to our attention first and give us a chance to put things right, but complainants can contact them at any time to seek advice on the complaint process or if they are unhappy with how we are handling the complaint. Their details are:

Local Government & Social Care Ombudsman service

• telephone: 0300 061 0614
• website: Local Government & Social Care Ombudsman service

Housing Ombudsman Service (complaints from tenants and leaseholders about services provided by their landlord)

Housing Ombudsman Service

• website: Housing Ombudsman Service

The Anti-social Behaviour, Crime and Policing Act 2014 introduced specific measures designed to give victims and communities a say in the way that complaints of antisocial behaviour are dealt with. This victims of persistent anti-social behaviour reported to any of the main responsible agencies (such as the council, police, housing provider) the right to request a multi-agency case review where a single anti-social behaviour complaint has been reported 3 times or more within the last 6-month period.

The review is not intended to act as a complaints procedure but to bring different agencies together to focus on the existing situation and what more can be done, enabling agencies to re-evaluate their actions quickly and objectively.

The meetings are impartially undertaken by an independent chair and if the victim is not satisfied with the outcome of the review, they can lodge an appeal with the Office of the Police and Crime Commissioner for Nottinghamshire.

Further information about ASB Case Reviews can be found on the Council’s website or by contacting the Community Safety Service on:

• telephone: 01623 450000

Ashfield District Council is committed to ensuring customer confidentiality and compliance with the Data Protection Act 2018 and Crime and Disorder Act 1998 around data processing and sharing of information.

Officers investigating ASB are experienced in processing sensitive personal data and have robust procedures in place for the gathering and recording of consent for processing this information and disclosure. Although the Council will aim to gain consent prior to any information sharing there may be instances where we have a statutory duty to share information without consent, e.g., where children or vulnerable adults are considered at risk, or for matters pertaining to the prevention and detection of crime.

The Council takes all hate related ASB or behaviour that is malicious in nature, offensive, or targeted towards a particular group of society seriously. To demonstrate the priority given to identifying and addressing this a separate Hate Crimes Policy is in place.

The Council is committed to ensuring that it complies with the requirements of the Equality Act 2010. Part of this commitment requires an understanding of how policies may affect people with ‘protected characteristics’ under the legislation.

It also recognises that people with ‘protected characteristics’, such as those who are older or younger, who have disabilities or who are from a minority ethnicity or LGBT+ community, may be particularly vulnerable to ASB. The Council will work to ensure that any risk assessments or consultation takes this into account and that our response is tailored accordingly.

This policy will be reviewed no later than every 3 years to ensure that any changes in legislation or best practice are included and updated. We will consult with service users, staff, internal and external partners in the review.