Anti-social behaviour strategy

1. 
   1.  Mission Statement/Policy Statement
   
2. 
   2.  Introduction
   
3. 
   3.  Objectives
   
4. 
   4.  Action Plan
   
5. 
   5. Definition of Anti Social Behaviour
   
6. 
   6. Principles
   
7. 
   7. Policy
   
8. 
   8. Dealing with complaints
   
9. 
   9. Strategic Proposals
   
10. 
    10. Preventing Anti Social Behaviour
    
11. 
    11. Readmission of households to the waiting list
    
12. 
    12. Rights of Tenants
    
13. 
    13. Responsibilities of Tenants
    
14. 
    14. Health and Safety of Staff
    
15. 
    15. Appendix (Legislative background)
    

The Anti Social Behaviour section’s mission statement is:

South Dublin County Council recognises that anti social behaviour can have a very significant adverse effect on the quality of life of its tenants and on their communities.  It also recognizes that the majority of householders are law abiding and that a very small number engage in unacceptable behaviour. 

The Council realizes that it has a duty of care to all its tenants to promote the peaceful occupation and enjoyment of their dwellings. It is therefore the policy that anti social behaviour will not be tolerated and the Council undertakes to work in partnership with its tenants and various other stakeholders to take proactive steps to prevent and eliminate such behaviour. 

This policy will be implemented through the operation of the new strategy, the Council’s Scheme of Letting Priorities, the Homeless Action Plan and the Traveller Accommodation Programme.

The Housing (Miscellaneous Provisions) Act 2009 has commenced and it now requires each Housing Authority to draw up and adopt An Anti Social Behaviour Strategy in respect of

• 
  Dwellings let by the Housing Authority to tenants under the Housing Acts 1966 to 2009
  
• 
  Dwellings in which relevant purchasers reside
  
• 
  Sites for the Accommodation of Travellers
  
• 
  Dwellings covered by the Rental Accommodation Scheme
  
• 
  Dwellings which are the subject of long term leasing by the Council
  

• 
  Section 35 of the Act, requires the elected members of each housing authority to draw up and adopt an anti-social behaviour strategy within one year of the commencement of the section, that is to say, by 30 November 2010. The strategy must set out measures to promote good estate management and co-operation with other bodies, such as the Gardaí, that have a role to play in combating anti-social behaviour
  
• 
   Items 1(a) and 5 of Part 5 of Schedule 2, amending the Housing (Miscellaneous Provisions) Act 1997, to extend the definition of "anti-social behaviour" to cover graffiti and damage to property, and to apply existing anti-social behaviour provisions, including the power to exchange information about housing applicants or beneficiaries engaged in anti-social behaviour, to a broader range of social accommodation, including accommodation provided through rental arrangements.
  

Since 1998 the Council has maintained a number of Anti social behaviour response teams.

The Council, as a public Housing Authority, has a responsibility to all of its tenants, whether they are victims or perpetrators of anti social behaviour.  The Council must attempt to strike a balance between the rights of the victim (to live without having to endure the anti social behaviour of others on the one hand), with the rights of the perpetrator to a fair hearing, to the opportunity to redeem themselves through changing their behaviour and most significantly to their right to public housing, on the other.

The Council is also committed to supporting tenants and members of their families who lapse in their behaviour as citizens.  A system of escalating actions will be utilized as part of an enforcement regime geared towards eradicating unacceptable behaviour or alternatively to removing errant tenants or subtenants from our communities.  It should be noted however that while the Council is usually prepared to give such persons every chance to mend their ways, cases will arise where the Council will seek to remove tenants in the interest of protecting other members of the community. 

Following an extensive consultation process a formal anti social behaviour policy was adopted in February 2005.  The spirit of that policy was aimed at achieving a balance between the conflicting rights referred to above through the implementation of programmes and projects that where designed with the principles of Prevention, Enforcement, Support and Rehabilitation as a guide. Since then a dual approach has been developed in dealing with individual cases consisting of

• 
  A more clearly defined enforcement / legal process that is designed to enable efficient and effective responses by the Council in cases where enforcement is the only option and
  
• 
  A well developed and focused Welfare / Support Services where perpetrators are offered the opportunity to work with the Council and other agencies to vindicate their own rights through the use of Acceptable Behavioural Agreements, Family support services and welfare action plans.
  

One of the priorities of the Council’s Estate Management function is the creation of strong, settled communities within the Local Authority Estates throughout the County.  We endeavour to ensure that functioning communities can develop through the creation of asense that tenants will not have to endure the type of behaviour that is destructive of a properly functioning society.

There remains a constant reluctance on the Council’s part to transfer either victim or perpetrator of anti social behaviour in case others may be subjected to the unacceptable behaviour and resulting in houses being vacated around the anti social family and allowing “sink estates” to develop.

3 Objectives

The principle objectives of the Anti Social Strategy are the following:

• 
  The prevention and reduction of anti social behaviour.
  
• 
  The co-ordination of services to deal with anti social behaviour.
  
• 
  The continuation of a multi agency approach to dealing with anti social behaviour.
  
• 
  The promotion of good Estate Management.
  
• 
  The maintenance of the anti social database and the measurement of performance indicators to measure the effectiveness of the response systems.
  

The objectives outlined above will be achieved by implementing the following action plan.

v The Anti Social Response Unit

This unit will continue to be deployed and will be supported by administrative staff and the Council’s Law Department.  These staff will investigate complaints and will receive ongoing training to ensure that best practice is followed at all times.

v     Traveller Accommodation Unit

The Council will retain the services of a dedicated unit to deal with the Management and control of halting sites and to deal with anti social issues that may arise.  This unit will build meaningful relationships with the traveling community and will mediate disputes where possible.

v     Response times.

Every complaint of anti social behaviour received by the Council will be investigated within one week.

v     Relationship building

Established links with agencies such as the Gardai, the Health Service Executive, the Probation service, the Childhood Development Initiative, the Traveller support groups, Drug addiction support services, Youth Services, Homeless Agencies, Community Groups, Schools etc. will be developed and nutured for the benefit of the Community.

v     Housing Welfare Service

The Council will retain this service so as to sustain as many tenancies as possible and to provide advocacy for tenants who require such support. The Housing Welfare Service will link in with other social services and will represent the Council at case conferences for mutli agency intervention is required.

In implementing the strategy the Council will seek also to be consistent in its operation with the Homeless Action Plan for the South Dublin area and the National Homeless Strategy.

v     Homelessness

In 2007, the board of the Homeless Agency Partnership adopted a statement of direction for emergency and transitional housing and support services called PATHWAYS TO HOME. This document identified the need to put in place a model of housing and related care services that support and maintain successful tenancies. 

Each of the Dublin Local Authorities is now responsible for dealing with homelessness in its own administrative area. Changes to the way in which homeless services are configured will ensure that households achieve a seamless and timely exit from homelessness but in the first instance the Council will explore all avenues including intensive tenancy sustainment efforts to ensure that homelessness occurs in the absolute minimum number of instances.

The new regime requires the Local Authority to be cognizant of its responsibilities to all homeless persons including those who have been evicted for anti social behaviour or for non payment of rent.

v     Community Services Department

We will draw on the resources of the Community department to promote Community development as a counter to conditions where anti social behaviour can flourish.  Responses to anti social behaviour will be addressed in the context of community safety at all times.  Use of Council facilities and participation in pro-social initiatives will be promoted. 

Information about all the community facilities which are available in the South Dublin Area maybe obtained by accessing the following link.  www.southdublin.ie

v     Garda liaison

- Garda Policing Plans

It is proposed to furnish the Gardaí with information regarding trends in Anti Social Behaviour to assist them in the preparation of their Annual Policing Plans. 

The Council will continue to utilize the extensive powers granted to it under Section 15 of the Housing (Miscellanous Provisions) Act 1997 whereby information may be obtained from the Gardai and other agencies about the suitability of housing applicants, applicants for transfers to alternative accommodation, applicants for inclusion on the rent accounts of existing tenants and applicants seeking to purchase local authority dwellings.

A mechanism will be put in place to ensure that the Gardaí are notified of the granting of excluding orders against occupants of Council dwellings through the various Garda District Offices.

The Council recognises such initiatives as the Garda Diversion Programme and the system of Restorative Justice as a means of redressing the detrimental effects of anti social behaviour on communities.

The Strategy recognizes the particular difficulties which arise regarding anti social behaviour by minors and especially those surrounding the fact that children under 12 years can no longer be held criminally liable for their actions.  The Council will therefore use its influence with the Health Services Executive to bring pressure to bear on parents whose children are identified as responsible for Anti Social Behaviour  activities.  Where possible both troublesome children and their parents will be interviewed together so that the threat of sanctions will be clearly understood by both parties.

-         Weekly Housing Clinics

The Council will continue to actively participate in the weekly housing clinics and which are also attended by the Community Gardai.  The operation of the clinics will be advertised at every available opportunity so that as many members of the general public as possible may avail of this confidential means of bringing information to the attention of the Council and the Gardai.

v     Estate Management

The Council will use all sources of local knowledge to inform of its Estate Management activities so that persons are housed and transferred to appropriate properties in the interest of good estate management.

v     Social Inclusion and Pro-social Initiatives

The Housing Department will work closely with its staff and with other agencies whose task it is to promote Social Inclusion throughout the County with the aim of countering all types of racist abuse and to foster social integration between the many nationalities who are now resident in South Dublin.

The Council’s is committed to the continued provision of pro social measures to prevent and ameliorate the effects of Anti Social Behaviour in the various communities that comprise South Dublin County.  The various clinics held around the County which are facilitated jointly by Council staff and Gardaí, the specially dedicated allocations support staff, the Council’s Welfare Service, the community safety fora and the various services provided at Community Centres around the County all contribute in this regard.  Major investments have been made by the Council and other state agencies in supporting communities affected by various forms of deprivation through many schemes including the RAPID Programme.

The Council’s Community Department have facilitated such activities as

 

The Late Night League Programme:

 

A programme funded and facilitated by South Dublin County Council in association with the FAI and the Gardai.  The programme targets Youth involved in or at risk of becoming involved in anti social behaviour. 

Integration is one of the most important challenges faced by South Dublin County Council over the next few years.One of the main objectives of the Council will be to facilitate initiatives to promote integration in the county and it is one of the reasons why we organised the soccer blitz. The soccer blitz was about having fun whilst being conscious of the need to promote cultural integration and social inclusion through sport. It was about participation together!  As part of the programme a 90 minute anti racism work shop was delivered to all schools involved. The aim of the workshop was to highlight issues around the area of racism in sport and to raise awareness on this important issue. The workshop was delivered prior to the tournament by the Football in the Community Development Officer.

The programme is done in partnership with the Social Inclusion Unit.  The aim of the Golf Programme is “to promote integration of young children through the sport of golf by providing learning facilities and educational programs that promote personal skills development". The programme is funded by the Office of the Minister for Integration.

The objectives of the Integration Programme are:

• 
  To facilitate the integration of Irish children with children from the New Communities through equine related activities
  
• 
  To use equine related activities asa source of creativity, innovation, behavioural development and self expression
  
• 
  To promote the participation of New Communities and Irish Communities in a programme they would not otherwise have the opportunity to avail of due to the cost element
  
• 
  To promote positive integration and inclusion in such a way as to eliminate social exclusion and discrimination
  

The Council’s Estate Management Section are already working with TWCDI on two programs namely

·        The Community Safety Initiative and

·        The Safe and Secure Initiative at MacUilliam Estate in West Tallaght

 v    South Dublin County Childrens Services Committee

Work is also started on the development of a toolkit which allows an organisation to measure and evaluate its actions around Community involvement.  The initiative is designed to facilitate public sector organisations to engage to a far greater extent with local communities, service users and families in shaping and monitoring of services. 

Three local Policing Fora have been set up by the South Dublin Joint Policing Committee.  The fora will facilitate public meetings to discuss relevant issues from the respective areas they cover.  These meetings are held regularly in Tallaght and Clondalkin and bring together the various parties charged with responsibility for public order matters. The Council is committed to active participation in the fora as a means of furthering safer communities.

The Council is also represented on and actively involved in Community Safety Fora and these will be developed and expanded, where possible, to encourage mechanisms whereby confidentiality / anonymity might be provided to residents bringing forward information about Estate Management issues.

v     Dublin Bus Forum

The Council will continue its active participation in this forum with the ultimate aim of ensuring that no disruptions occur to this vital public transport service. Preventative measures will be taken as necessary to prevent such activities. The Council will also participate in a similar type structure if such is formed to ensure continuity of the LUAS service.

 

5              Definition of Anti-Social Behaviour

(a)               the manufacture, production, preparation, importation, exportation,

sale, supply, possession for the purposes of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts, 1977 and 1984),

(b)              any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, alarm, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000, or a housing estate in which the house is situate and without prejudice to the foregoing includes

(i)                             violence, threats, intimidation, coercion, harassment or serious obstruction of any person.

(ii)                           Behaviour which causes any significant or persistent impairment of a person’s use or enjoyment of his or her home, or

(iii)                        Damage to or defacement by writing or other marks of any property, including a person’s home. 

For the purposes of defining and monitoring different types of anti-social behaviour, South Dublin County Council will use the following categories;

Category A - The manufacture, production, preparation, importation, exportation, sale, supply, possession for the purposes of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts, 1977 and 1984)

Category B - Any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts 1966 to 2002, or a housing estate in which the house is situate and without prejudice to the foregoing includes violence, threats, intimidation, coercion, harassment or serious obstruction of any person.

Category C – breaches of those terms within the tenancy agreement that do not fall within Category A and B above

Within each of these three categories, priority will be allocated on the basis of seriousness and impact of the particular incidents. The following are indicative but not exhaustive of the types of behaviour under each Category;

Category A

·        Drug activity as per legal definition

Category B

·        Non drug related criminal activity

·        Joyriding

·        Violence/Harassment/Intimidation

·        Racism

·        Vandalism

·        Selling Alcohol                                      

Category C

·        Squatters/illegal Occupiers

·        Noise/Disturbance

·        Children Nuisance

·        Pet/Animal Nuisance

·        Physical Condition of Property

·        Graffiti

·        Property damage

While particular incidents can fall within both anti-social and criminal classifications it is important to state that the Local Authority’s role is to pursue incidents through anti-social mechanisms and the Garda Siochana‘s role to pursue incidents through criminal justice mechanisms.

6      Principles

 

There is a number of principles that South Dublin County Council will abide by in the implementation of this policy. These are;

 

·        All cases will be dealt with in accordance with fair procedures

·        Confidentiality is ensured for both the accused and complainant

·        The Council will work in partnership with all relevant stakeholders particularly where the relevant response extends beyond the remit of the Councils authority

·        The Council will take a holistic approach to the issue

·        The Council will act within the framework set out in legislation

 

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