7 Policy
Recognising that anti-social behaviour is a multi-faceted and complex issue, South Dublin County Council will adopt a four-strand approach to tackling such behaviour.
1. Prevention
The council recognises that it has a significant role to play in dealing with the sources of anti social behaviour. The council aims to take a proactive approach in developing strategies that tackle these sources. This approach will be coupled with co-ordination, partnership and multi agency approaches that facilitate access to necessary services that will deal with the problem. In addition, the council further aims to promote the role of positive community development and activity in achieving these objectives.
It is the policy of South Dublin County Council to;
· encourage greater tenant participation in estates in order to build positive community spirit
· develop linkages and integrated approaches both within the local authority and with other agencies to create a more cohesive, coherent and effective approach to Estate Management
· work in partnership with other agencies and associations in the pursuit of community development strategies, education initiatives and projects aimed at minimising anti-social behaviour and developing the communities resident in local authority estates
· work in tandem with agencies and organisations to encourage and promote youth development within the area
· publicise and disseminate information on the anti-social policy as widely as possible in order to create greater awareness of options available
· take a pro-active approach in raising awareness generally of the problem of anti-social behaviour and its effects on communities and individuals
· to develop mechanisms for the measurement of anti-social safety in, and its impact on neighbourhoods and to continually monitor progress in dealing with negative behaviour.
2. Enforcement
While dealing with the root causes of anti social behaviour, the council also recognises the need to deal effectively with incidents of anti social behaviour where they occur. The Council recognises that this is critical to the development and sustaining of trust and relationship building with individual tenants and the wider community, a key factor in the effective implementation of this policy. In addition, the Council must be seen to be willing to enforce so that it will be taken seriously on the issue of enforcement.
It is the policy of South Dublin County Council to;
· enforce legislation as required
· inform tenants of their rights and responsibilities in regard to incidents of anti-social behaviour
· develop linkages and integration both within the local authority and with other agencies to create a more cohesive, coherent and effective approach to enforcement of all local authority responsibilities (for example dumping, rent arrears, dog licences, pollution etc.)
· adopt a multi-agency approach ensuring closer relations with the Garda Siochana, other agencies and sharing information in dealing with anti-social behaviour cases.
· make decisions on individual cases on the basis of thorough and fully informed investigations.
· establish and publicise clear timescales and procedures in relation to the enforcement process.
· provide regular progress reports on the enforcement function to the Elected Members and community.
3. Support
Recognising the need to provide adequate support to both accused and complainant, the Council aims to work in partnership with service providers to facilitate access to essential services that may be required during the development of different strategies but particularly during the enforcement process.
It is the policy of South Dublin County Council to;
· protect the rights of both the accused and complainant at all times
· provide feedback on progress of individual cases to the parties directly involved
· provide information to the parties directly involved on options and services that can be availed of, such as mediation, counselling services etc. recognising that if the offered support is not actively engaged with, the enforcement option will be pursued.
· further develop links with relevant agencies to facilitate access to such social supports as may be necessary
4. Rehabilitation
The council recognises that anti social behaviour can cause significant damage within communities and aims to prioritise that rehabilitation of such damage. In addition, the council recognises that perpetrators of anti-social behaviour have needs in relation to rehabilitation and reintegration with their communities in order that they can avail of opportunities to reform and progress their lives.
It is the policy of South Dublin County Council to;
· work with relevant agencies to achieve the successful rehabilitation and reintegration of perpetrators where appropriate
· work in partnership with communities who have been negatively affected by serious anti-social behaviour in order to rebuild community spirit
8 Dealing with complaints
All complaints relating to anti-social activity and breaches of Tenancy Agreements will be dealt with in a confidential manner. The Council will investigate every complaint in a fair, impartial and objective way.
The Councils authority to deal with anti-social behaviour is principally derived from the following Acts;
· Housing Act 1966 (as amended)
· Housing (Miscellaneous Provisions) Act 1997
· The Residential Tenancies Act 2004
· Housing Miscellaneous Provisions Act 2009
In summary the powers available to the Council are as follows;
· Excluding Order – where a tenant wishes to have another occupier who is engaged in anti-social behaviour excluded from the dwelling. The Local Authority may also make the application.
· Refusal or deferral of housing applicants for accommodation on the grounds of good estate management and in accordance with the Councils Scheme of Letting Priorities.
· Refusal to sell a dwelling under the Tenant Purchase Scheme on grounds of good estate management
· Removal by the Garda Siochana of persons engaged in anti-social behaviour that are in occupation of dwellings in the absence of a tenant
· Notice to Quit - Eviction of whole household
In dealing with any individual case, the Council will use the appropriate power and will devise a system of warning letters to be used as appropriate.
All Tenants and occupiers of a council rented dwelling involved in drug related activities will be interviewed and appropriate action taken. In cases of drug convictions, the Council will issue a Notice to Quit without issuing any warning letters.
In dealing with complaints, the Council will;
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respond to all complaints within 5 working days (serious cases prioritised)
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initiate an investigation into all complaints within 10 working days
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