ENFIELD COUNCIL Community, Housing & Social Services

TACKLING ANTISOCIAL BEHAVIOUR

Statement of Policy and Procedures (Anti Social Behaviour Act 2003)
A Guide for Residents

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BUSINESS REPLY SERVICE Licence No. NW 5036

Community, Housing and Social Services Housing Information Team FREEPOST PO Box 60 Civic Centre

You can get this in large print, in Braille, on tape or on computer disk.
Phone 020 8379 4297 fax 020 8379 4291
Tackling Anti Social Behaviour January 2005. 100

ENFIELD EN1 3BR

DECEMBER 2004

email

housinginfo@enfield.gov.uk

Introduction ......................................................................................................3 Part One ..........................................................................................................5 Statement of policies ....................................................................................5 1. Definition............................................................................................5 2. General policy statement ...................................................................6 Declarations of Intent ............................................................................6 3. Obligations of tenants ........................................................................7 4. Racial Harassment ............................................................................8 5. Domestic Violence .............................................................................9 6. Prevention of anti-social behaviour..................................................10 7. Rehabilitation of offenders / support for vulnerable people..............11 Remedies ............................................................................................11 8. Available legal remedies..................................................................12 9. Training of staff................................................................................12 10. Support for complainants .............................................................12 Part Two ........................................................................................................13 Statement of procedures ............................................................................13 1. Reporting a complaint......................................................................13 2. Processing the complaint.................................................................14 3. What we can do / what options can we take....................................15 What legal action can the council take? ..............................................15 Agreed behaviour contracts ................................................................17 4. Professional witness scheme ..........................................................18 5. Multi-agency working .......................................................................18 6. Mediation .........................................................................................18 7. Introductory and demoted tenancies ...............................................19 8. Monitoring / date collection ..............................................................19 Performance Indicators .......................................................................20 Housing anti-social behaviour procedure.......................................................21 1. Receiving a complaint (Stage One) .................................................21 2. Interviewing the victim and devising an action plan for gathering evidence (stage 2). .................................................................................22 3. Implementing the action plan for gathering evidence (stage 3). ......23 4. Acting on the evidence obtained (stage 4).......................................23 5. Monitoring & reviewing the action taken ..........................................23 6. Cases involving non-council tenants................................................24 7. The Housing Harassment Panel ......................................................24 Housing Racial Incidents Procedure ..............................................................25 1. Definition..........................................................................................25 2. Receiving a complaint of racial harassment (stage 1) .....................25 3. Interviewing the victim and devising an action plan for gathering evidence (stage 2) ..................................................................................26 4. Implementing the action plan for gathering evidence (stage 3). ......27 5. Acting on the evidence obtained (stage 4).......................................27 6. Monitoring & reviewing the action taken ..........................................27 7. Cases involving non-council tenants................................................28 8. The Housing Harassment Panel ......................................................28 Additional information on related legislation ...............................................29 Children Act 1989 ...................................................................................29 Disabilities Discrimination Act 1995 ........................................................29 Local Government Act 2000 ...................................................................29 Homelessness Act 2002 and Homelessness Strategy ...........................30

Data Protection Act 1998 and the Human Rights Act 1998 ....................31 Race Relations Act 1976 and Race Relations (Amended Act) 2000 ......32 Other agencies / contact numbers..............................................................32 Environmental Crime Unit .......................................................................32 What We Do........................................................................................33 Noise Nuisance Team ............................................................................33 What we do .........................................................................................33 Out of hours team ...................................................................................33 Housing District Teams........................................................................34 Edmonton District ................................................................................34 Eastern District....................................................................................34 Western District...................................................................................34 Community Safety Unit ...........................................................................34 Police ......................................................................................................34 Good neighbour charter .................................................................................35 How to complain ............................................................................................36 Housing Complaints ...................................................................................36 Our Response.........................................................................................36 If You Are Still Unhappy..........................................................................36

Introduction
To make Enfield one of the best places to live, study and do business The Corporate Strategy of the Council is called Putting Enfield First. Aim 3 of the strategy is to create: A safer Enfield to live, work, study and do business Enfields Crime & Disorder Reduction Partnership (of which the Council is a member) also publishes a Community Safety Strategy, which takes this, as its main aim. Enfields Community, Housing & Social Services Department contributes significantly to achieving this aim. At the heart of our new Housing Strategy is a priority to: Ensure that residents live in a safe, clean and well run environment. We are effectively integrating our housing strategy to the councils wider agenda as above, to improve the social well being of all Enfield residents. Reducing crime is a crucial factor as set out in our community and crime and disorder reduction strategies. Our housing strategy helps to create the conditions communities need to thrive and to be safer places in which to live. We will continue to be active in this area working with our partners, the police and others. We will use all our powers to protect communities and take action against those causing misery to their neighbours. Our tenancy agreement has a clear message that we will not tolerate antisocial behaviour we use introductory tenancies to ensure new tenants prove that they can act responsibly. Working with the Youth Offending Team and others, we will increase our use of restorative justice techniques and victim offender mediation. Young offenders can provide reparation to their victims. The aim is to support victims and reduce their fears and anxieties. Our Domestic Violence Strategy, Safe from Fear, feeds into these key aims. Reducing crime and the fear of crime is central to this plan, the purpose being to improve the delivery and provision of services to people experiencing domestic violence. This strategy does not form part of this document but a copy can be obtained on request. This is the context in which our policies and procedures exist. As well as the above they are compatible with other legal requirements affecting the council including our Homelessness strategy, under the Homelessness Act 2002 and others including:

Children Act 1989

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 Disability Discrimination Act 1995 Race Relations Act 1976 (amended 2000)
Feeding into this is our commitment to tackling the issue of anti-social behaviour. This document takes that commitment further by setting out how we try to tackle this problem, what you as a resident can expect and how you can help. At the same time the Anti-Social Behaviour Act 2003 requires us, as the landlord, to publish a statement of our policies and procedures with regard to tackling anti-social behaviour on our estates. This document also fulfils this legal requirement. The statement is in two parts, the first looks at policy. This outlines Enfield Housing Services general approach to anti-social behaviour and includes specific policies and references to related policies, e.g. commitment to eradicating anti-social behaviour, obligations of tenants, racial harassment, multi-agency panels, use of legal remedies and our domestic violence policy. The second part contains our procedures when dealing with complaints of anti-social behaviour. That is the how, what, where, why and when, what the tenant should expect when making a complaint and what is expected of them. It also contains information on related issues and references to other agencies.

Part One
Statement of policies
1. Definition This document is all about how Enfield Housing Services seek to tackle antisocial behaviour. It is important therefore to try to define what we mean by anti-social behaviour. A number of different definitions exist. We take the Housing Act 1996 (section 218A) as our starting point where: Anti-social behaviour is any conduct which: Is capable of causing nuisance or annoyance to any person; and directly or indirectly relates to or affects the housing management functions of a relevant landlord; or consists of or involves using or threatening to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose.

The housing management function of the landlord covers any activity that the landlord would undertake in the day-to-day and strategic management of their properties. This includes:

Tenant involvement Maintenance and repairs Rent collection Estate management Dispute resolution

Matters that might indirectly affect the housing management function includes social care and housing support, environmental health, refuse collection and other services that enable the efficient management of the landlord. The definition contained within our tenancy conditions follows on from this and states: You, the tenant, are responsible for the behaviour of anyone living in or visiting your home. You (the tenant, all members of your household and any visitors to your property) must not act in any way which causes, or is likely to cause, a nuisance or annoyance or is anti-social. Anti-social behaviour can therefore cover a very wide range from low-level nuisance to serious harassment or violence. Examples of the type of behaviour which are covered here include:

Slamming doors playing loud music

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rubbish dumping writing graffiti damaging or vandalising property aggressive or threatening language or behaviour harassment based on any form of discrimination violence.

The Conditions of Tenancy covers this in detail, giving many more examples and should be referred to. 2. General policy statement Enfield Council believes that everyone has the right to live in an environment that is safe and free from anti-social behaviour, which means behaviour that causes nuisance or distress. The council is committed to helping to create safer communities by tackling crime and anti-social behaviour on its estates. The tenancy agreement states that: "You must not act in any way which causes or is likely to cause a nuisance or is anti-social." Legal action will be taken against tenants who seriously or persistently breach this condition. Enfield Council demonstrates this commitment to combating anti-social behaviour by using various available measures. No one agency can solve the problems by themselves. Multi-agency working is therefore the key way of achieving our aim. The council is committed to working with residents in order to achieve the above. It is very important that people feel able to come forward to help. The council will do all it can to support and protect victims.

This general statement was worked on and agreed by a group of residents

working with officers. It is backed up by a series of Declarations of Intent and a Good Neighbour Charter again produced by this group: Declarations of Intent We will take all complaints seriously We will investigate all complaints as fully as possible We will keep residents informed of actions being taken to try to resolve the problem of anti-social behaviour We will work with other agencies to tackle the problem We will not hesitate to take legal action, which could result in eviction, if this is appropriate

We will do all we can to ensure the victims' safety and protect their interests We will monitor all new tenancies to ensure that conditions of tenancy are being complied with. If there are serious breaches, we will take legal action.

A copy of the Good Neighbours Charter appears as an appendix to this document. Our approach as landlord to tackling anti-social behaviour is demonstrated in the statements above. Our overall aim is to eliminate anti-social behaviour from our estates by using the various tools and measures that we have. We seek to take firm action against those who are causing a nuisance and making their neighbours lives a misery. At the same time we try to support the victims as much as possible. The procedures that we use to enable cases to be dealt with as effectively and efficiently as possible are laid out in detail later on in this document. Each case however is dealt with on an individual basis. We will give your complaint a priority that depends on the nature of the problem. For example a Priority One case could involve violence, a Priority Two case be noise nuisance whilst a Priority Three complaint could include rubbish or untidy gardens. Details of how to report a complaint of anti-social behaviour and how this is dealt with can be found in section two of this document. 3. Obligations of tenants The Conditions of Tenancy/Tenancy Agreement sets out in detail the obligations that tenants have with regard to behaviour. All existing tenants were provided with a copy of the conditions in 1999 and all new tenants are provided with them at the beginning of their tenancies. The conditions are available on the council website or a copy can be provided on request. The full details are therefore not reproduced here. The main conditions regarding conduct and behaviour are: You, the tenant, are responsible for the behaviour of anyone living in or visiting your home. You (the tenant, all members of your household and any visitors to your property) must not act in any way which causes, or is likely to cause, a nuisance or annoyance or is anti-social.

You must not use or threaten to use violence against any person living in
or visiting your property or locality. You must not act in any way, which subjects any person to harassment on the grounds of their racial origin or colour. You must not act in any way which subjects any person to harassment on 7

any other grounds, for example, religion, sex, age, disability, HIV status, sexual orientation or for any other reason. You must not use the property or locality for criminal, immoral or illegal purposes, such as dealing in illegal drugs or substances or prostitution. If you are convicted of such an offence, in your home or locality, this will be a breach of your tenancy conditions. You must not keep any firearm, shotgun, or air rifle in your property without all the necessary certification required by law, including the Firearms Act 1, 1968, and without our written permission. You must not use or threaten to use violence or verbally assault other people residing in the locality so that they leave the property. You must treat our officers, and anyone acting on our behalf, with courtesy and respect and you must not make offensive comments to them. You must not abuse, harass, use or threaten to use violence against any of our officers or agents, or against a Councillor. This applies at any time and in any place.

Details of how breaches of tenancy conditions are dealt with can be found in the procedures. 4. Racial Harassment Enfield Housing Services takes as its starting point the definition of a racist incident recommended by the Stephen Lawrence Enquiry. That is any incident that is perceived to be racist by the victim or any other person Prior to the Stephen Lawrence Inquiry Report, the Commission for Racial Equality (CRE) definition for racial harassment was used. The definition, which is still widely felt to be useful, is: "violence which may be verbal or physical and which includes attacks on property as well as on the person, suffered by individuals or groups because of their colour, race, nationality or ethnic or national origins, when the victim believes that the perpetrator was acting on racial grounds and/or there is evidence of racism". We will not tolerate racial harassment by or against our tenants and work closely with the Police and the Community Safety Unit to tackle this issue. We play a significant role in R.I.A.G (the Racial Incidents Action Group) as part of this joint approach. A specific condition in the tenancy agreement deals with racial harassment:

You must not act in any way, which subjects any person to harassment on
the grounds of their racial origin or colour. Examples of harassment include: Unprovoked physical assaults verbal abuse threatening or abusive behaviour threatening or abusive letters or phone calls 8

 racist comments damage to property or threats to damage property.

We have a specific separate procedure to follow when dealing with racial incidents or harassment. Details of the legal powers that we use appear later in this document, but include Possession Orders, Injunctions and Anti-Social Behaviour Orders. The Housing Harassment Panel consists of representatives from the council, the Police, Victim Support, and Enfield Racial Equality Council and is chaired by the Anti-Social Behaviour Manager. Cases should only be referred to the panel after exhaustive investigations have taken place and either a management transfer decision is required or there is deadlock on a case (e.g. the perpetrator is unknown or there is a serious counter allegation). 5. Domestic Violence 'Safe from Fear' is a new strategy setting out Enfield Council's plans to tackle domestic violence and reduce its effects on victims and their families. This is reinforced by the Domestic Violence Crime & Victims Act 2004, which received Royal Assent on 15 November 2004. Defining domestic violence as 'any form of physical, sexual or emotional injury between people who are or were in an intimate and /or close family relationship', the strategy is about taking practical steps to support victims and to deal with any housing problems. Recognising that domestic violence can be the cause of housing difficulties, the plan explains how services can be tailored to support victims and how the council can work with other agencies to provide measures that make homes safer for victims. Improving home security and offering community alarm services are among a number of measures that will bring reassurance - but it is not just about physical alterations to homes. Working across agencies to share information and ensuring that housing assessment interviews are sensitive to the needs of a victim are central to the strategy. This will mean providing solutions by: Improving information sharing between agencies offering more options for victims - including long-term support creating greater public awareness of domestic violence and the issues that arise from it exploring initiatives to reduce the incidence of domestic violence with the voluntary sector and other agencies. Taking action in housing is the first step to improve the lives of domestic violence victims but the strategy also plans to take further measures across services to children and adults.

The above demonstrates our continuing but evolving commitment to tackling all anti-social behaviour. As a result our procedures in this respect are being reviewed and strengthened and a full training programme is being developed. Some sessions have already been held for front line staff. 6. Prevention of anti-social behaviour Whilst tackling anti-social behaviour once it is happening is very important, an essential part of our approach is to look at how we can prevent it occurring in the first place. Some of the measures that we have taken to try to achieve this are:

Review and tightening of the Tenancy Conditions adoption of the Introductory Tenancy Scheme neighbourhood wardens.
Since March 2003 we have seen the successful implementation of a Neighbourhood Wardens scheme. Based primarily on the Lytchet Way estate and latterly also in New Southgate, their role is to be a deterrent to crime and anti-social behaviour. By helping to enhance community safety, they have improved the feeling of well-being and security for the residents. The wardens have contributed to a tangible improvement in the quality of life for the residents. In a recent survey, 91% believed them to be a good idea. Very favourable publicity has been given to the scheme both locally and nationally in The Guardian.

Agreed Behaviour Contracts Security/lighting on estates Multi-agency working Mediation referrals Information Sharing protocol;

The establishment of the Housing/Police Protocol has brought successful results. Information is frequently requested through this method, which can facilitate effective legal action. A particular example of this was the eviction of a convicted drugs dealer as a direct result of the information supplied by the police. This formal document is currently being reviewed to ensure the most effective working practices. An over arching protocol is also being developed, into which the housing specific one will feed. The appointment of the Borough Police Anti-social Behaviour Co-ordinator, based in our Community Safety Unit has been an important step forward in our joint efforts to tackle anti-social behaviour. Continuing and evolving evidence of joint working is the recent establishment of the Joint Tasking Group (SAFE), which seeks to deal with problems in an area by deploying the necessary resources in a joinedup coherent way. Further joint working with the police, under new powers from the Anti-Social

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Behaviour Act 2003 has resulted in: Use of Dispersal Orders to prevent problems over night in a specific area. closure of crack-houses Tulip floating support to vulnerable tenants to help them maintain their tenancies publicising evictions and ASBOs: successful actions are publicised on our website and in the local press to demonstrate that serious action is taken and to act as a deterrent to others. work with Youth Outreach on estates prompt removal of abandoned vehicles to prevent further problems allocations policy. The Homelessness Act 2002 changed the way in which local authorities allocate their properties. A power was introduced which allowed local authorities to decide that certain applicants are unsuitable to be tenants as a result of serious unacceptable behaviour. Thus our allocation policy states, the following can.. be excluded from the Housing Register: an applicant or member of the applicants household who has been guilty of unacceptable behaviour, which makes them unsuitable to be a tenant. Unacceptable behaviour is defined as; behaviour that would - if the applicant had been a secure tenant of the housing authority at that time - have entitled the authority to possession 7. Rehabilitation of offenders / support for vulnerable people In many cases, people at first seen to be the perpetrators of nuisance are also victims them selves. This could be for a number of reasons including:

Mental health problems drug or alcohol misuse learning difficulties family breakdown school exclusion disability issues life-style differences. Remedies

Referral to appropriate support agency; e.g., Social Services, Community

mental Health Teams, ECDAS (Enfield Community Drugs & Alcohol Service), multi agency panels restorative justice conferences ABCs parental control agreements mediation referrals.

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8. Available legal remedies The Housing Department has legal options. It can apply to court: For an injunction, with or without a power of arrest an injunction is an order designed to stop your neighbour doing something or to make them do something to evict your neighbour (possession order).

Injunctions and possession orders are at the discretion of the judge. The case must be proved on the 'balance of probabilities' and an order will not be given unless there is good supporting evidence. 'Balance of probabilities' means that the judge has to decide whether something is more likely than not to have happened. In other words, he or she has to be only 51 per cent sure. It may also be possible for us to apply to the court for an Anti-Social Behaviour Order. This is like an injunction in that it prohibits somebody from carrying out actions that are causing a nuisance. A breach of the order could result in the person being sent to prison. More details of these options can be found in the Procedures Section at number 3. 9. Training of staff All estate management staff have been trained on the use of the procedures for both Anti-social Behaviour and Racial Incidents. As part of these sessions our Legal Services provided details of what legal remedies are available and how to make the most efficient use of these. Refresher training is also provided. 10. Support for complainants

Details of how complainants are supported appear in the procedures section at number 2. In brief we will deal with complaints promptly, agree an action plan and keep the complainant informed.

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Part Two
Statement of procedures
This section includes the operational procedures used by us to tackle antisocial behaviour; in order to achieve the aims set out in the policy statement. It includes:

The reporting of a complaint the processing of a complaint the provision of support to complainants/victims the use of enforcement action with details of what is available the Professional Witness Scheme information on multi-agency partnerships mediation introductory and demoted tenancies monitoring and data collection Anti-Social Behaviour procedure Racial Incident procedure additional information on related legislation how to report nuisance or crime: contact details: housing, community safety unit, environmental services and the police good neighbour charter how to complain about the service. 1. Reporting a complaint If you are having problems with your neighbour: Wherever possible, try to solve the problem yourself. If you think you can, speak to the person. Often the best way to sort out a problem is by talking to each other. Try to see each others point of view. It may be that the person doesn't realise they are causing a problem. Simply pointing out that their behaviour is upsetting you may be enough. How? Remember to stay calm explain why the behaviour is annoying you be tactful think through what you want to say listen to what they have to say and think about it: they may have a point! Dont lose your temper: this will only make things harder to resolve. If none of this works and your neighbour continues to be unreasonable - walk away.

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What can I do next? If things don`t improve, get advice from your Estate Manager. Call in to your District Housing Office, phone, write or email to explain what the problem is. If you have a resident caretaker, sheltered housing officer or neighbourhood warden, please make sure that they are also aware of the situation. Contact numbers including contact centre at the end of this document. Your Estate Manager will discuss the complaint with you and agree a plan of action on how best to deal with the problem. This could involve such things as us interviewing the alleged perpetrator and other witnesses, obtaining evidence through photographs or surveillance, joint visits with the police or legal services. In certain cases evidence can be gathered by housing officers observing problems themselves and acting as "professional witnesses". More information about this is included later in this document. Throughout the investigation, you will be kept informed about what is happening. It is also very important that you keep in contact with your Estate Manager to let them know what is going on. You should use the diary sheets to record any incidents. This can be used as evidence in court. When you record the nuisance you must only write down incidents that are unreasonable. This is what the judge will take into account when we go to court. Don't record things that could be considered as normal, everyday disturbance and noise. Remember, in flats in particular you would expect some noise to travel. You must consider whether the noise or disturbance is reasonable. If the nuisance continues, we will speak to the perpetrator again, and try to do all we can to stop it. But if this doesn't work, we will take legal action. 2. Processing the complaint The procedures that are attached to this document clearly set out the steps that should be taken when a complaint of anti-social behaviour is made. Each case is different however and is treated individually. When an initial report is made, you will be informed of when you can expect to be contacted again for future investigations. Response times are different depending on the particular circumstances of the case. Details of this are in the specific procedures but as a guide a Priority One case could involve violence, a Priority Two case could be noise nuisance whilst a Priority Three complaint could include rubbish or untidy gardens. The expected response times are two working days for priority one, 5 working days for Priority Two and 10 working days for priority three cases. Racial incident cases are always two working days. Your case will be dealt with by a named officer, your own estate manager, who will see the investigations through to their conclusion. If it is necessary to change the named officer you will be informed of this as soon as possible. Ensuring support for complainants is made explicit in the procedure.

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When you are contacted, an action plan will be made with your agreement as to how to tackle the complaint. No action will be carried out against your wishes. In some circumstances it must be however understood that this could restrict the extent of the action that can be taken. You will be kept informed of the situation as investigations are carried out. It is also very useful for the complainant to keep the officer up-to-date with what is happening. This two-way communication is seen as being extremely important to the progress of a case. If interpreters are required these will be provided, either by telephone or face to face. Depending on the situation any or all of the following may be relevant:

Referral to support services as appropriate Depending on situation, physical measures, secure safe letterboxes, etc
can be provided. Referral to the Safehouse Project for older, vulnerable tenants. Where there is a threat of physical danger temporary rehousing is arranged, whilst investigations, legal action is taken. In certain cases permanent rehousing of the victims may be the only safe option. Use of wardens, caretakers to be aware of situation Use of the Professional Witness Scheme. Referral to Victim Support (Enfield) is made explicit in the procedure if the complainant wishes this to happen. Assistance with Court procedure.

3. What we can do / what options can we take What action we can take to tackle the problems that arise will obviously depend on the circumstances of the particular case. The way that we approach the different situations has been highlighted in the first part of this document. To look in more detail at some of the options: What legal action can the council take? Enfield Housing Services has legal options. It can apply to court: for an injunction

An injunction can be obtained through the County Court and can be used either to make somebody do a particular thing or, more usually, to prevent somebody doing a particular thing. Injunctions can be made against an Enfield tenant or against any other person to prevent conduct which:

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Is capable of causing nuisance or annoyance to any person directly or indirectly relates to or affects the housing management functions of a relevant landlord

and is capable of causing nuisance or annoyance to: a person living in accommodation owned by the landlord or in the area of accommodation owned by the landlord (e.g. property on an estate of social housing) a person engaged in lawful activity (but not living) in that area a person employed in connection with the landlords housing management functions (but not necessarily by the landlord).

Injunctions may also be made to prevent unlawful use of housing accommodation owned by the landlord. If there is violence, threatened violence, or significant risk of harm then a named person could be prevented from entering a particular property or particular area. The Court may add a power of arrest to an injunction, and if an injunction is broken then the guilty person may be fined or even imprisoned. We have taken this action against our tenants and will continue to do so where it is necessary to protect others.

to evict your neighbour (possession order).

Possession orders are at the discretion of the judge. The case must be proved on the 'balance of probabilities' and an order will not be given unless there is good supporting evidence. 'Balance of probabilities' means that the judge has to decide whether something is more likely than not to have happened. In other words, he or she has to be only 51 per cent sure. Under the provisions of the Anti-social Behaviour Act 2003, the judge must give due consideration to the effects on the neighbours of not giving an order. This is known as structured discretion As a demonstration of the serious action that we will take if necessary, thirty tenants have been evicted since the first in Enfield in 1999, on nuisance grounds. Obviously we would only seek to evict in the most serious of cases as a last resort. We will do all we can to stop the nuisance happening before getting to that stage. In many cases the housing department cannot solve the problem by themselves. In these circumstances we get help from other departments or the police or any other agencies to find the best solution. If your neighbour is a leaseholder

We could take action similar to the above. In this situation an 'eviction' is known as forfeiture.

If your neighbour is a freeholder

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If they bought their property from us, we may be able to take some action for you. Action of this type is not possible very often. It is more likely that you yourself would need to take the neighbour to court.

In all the above cases it may also be possible for us to apply to the court

for an Anti-Social Behaviour Order. This is like an injunction in that it prohibits somebody from carrying out actions that are causing a nuisance. A breach of the order could result in the person being sent to prison.

These may be used instead of an Agreed Behaviour Contract, or if that contract does not work. An ASBO can be attached to a conviction for a criminal offence, or applied for on a stand-alone basis. These orders will normally seek to place limits on a persons behaviour including, for example Using or threatening violence Getting somebody else to use or threaten violence on your behalf Behaviour in the home or local area Bans on drinking or other behaviours in public places Exclusion from a particular area, district, borough or county

Either the Council or the Police can apply for an ASBO, but these applications will normally be made jointly. Agreed behaviour contracts Another measure used to tackle anti-social behaviour - particularly among young people, is that of Agreed Behaviour Contracts (ABCs). These are voluntary agreements between parents, the police, the housing department and the person themselves. They set down a list of behaviours that it is agreed will not happen again. A breach of the agreement can lead to possession proceedings being taken or to an Anti-Social Behaviour Order. To this point, some 40 youths have signed up to these voluntary agreements, which involve the co-operation of the parent or carer, the police and housing services as well as the individual concerned. The criteria for use of these ABCs are that the youths are between the age of 10 & 18, and low level offenders behaving in an anti-social behaviour in any part of the borough. This age range could be extended in the future. The aims of the scheme are to reduce the levels of anti-social behaviour in Enfield, to reduce the fear of crime as well as reducing demand on both police and council services. Although these contracts are not legally binding, it is made very clear that breaches can lead to a serving of a Notice of Seeking Possession or application for an injunction or anti-social behaviour order. Procedures are being formalised and training issues addressed which have established ABCs as an integral part of our approach. We are also working with the Registered Social Landlords in the borough on this issue.

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4. Professional witness scheme The idea here is that to use Housing Officers, to act as witnesses and provide evidence in certain anti-social behaviour cases, where it has been difficult to obtain information or where victims have been reluctant to come forward for fear of reprisals. In the majority of instances this involves house sitting to hear noise that is regularly reported, or to identify perpetrators of other antisocial behaviour, the taking of photographs etc., as part of evidence gathering. This can help to prove a case, or help refute the allegations made by neighbours. The scheme operates outside of normal working hours at night and during weekends. Health and safety issues have been considered at length. As a result, officers work in pairs, and do not work on cases in their own districts. Full training in specific technical, legal and personal safety requirements, has been provided to all officers who participate. Full briefing on the case is given prior to any operation taking place. 5. Multi-agency working Multi-agency working has proved to be very successful in tackling problems. One way in which this is done is by multi-agency panel (MAP). These are problem-solving groups at which individual cases of anti-social behaviour are discussed. Any agency can request that a panel meeting be held. All agencies share information on what they know and what action they have been taking and a joint decision is taken on the best solution to deal with the problem. In these groups all points of view and individual agendas are taken into account to reach the most appropriate decision on a corporate basis. This results in a variety of different decisions depending on the circumstances, for example to evict the family, to apply for an Anti-Social Behaviour Order to attempt to sustain the family in the property with intensive intervention from social services and others, etc. A multi-agency approach is integral to tackling issues of anti-social behaviour and community safety. In addition to the above the following panels have a role in tackling anti-social behaviour: The housing and police forum is currently being reviewed (this forum was set up to monitor the information sharing protocol, identify good practice and joint initiatives). The Housing Harassment Panel (meets six weekly to decide action on individual cases of harassment) Mental Health Housing Panel Racial Incident Action Group (RIAG) Casework Management Panel (monitors individual cases of racial incidents throughout the borough)

6. Mediation In certain cases of neighbour nuisance, it is appropriate to refer you to an independent Mediation Service. The scheme that we use is staffed by well qualified people with many years of experience in this field. The service aims to resolve conflicts by talking about the problems with people independent of 18

the council. Depending on the case the sides to a dispute may be seen separately or together. Any solutions are not imposed but agreed with both sides. If mediation is tried and later fails, this could strengthen our case for taking legal action. Equally, if either party refuses to take part in mediation this could weaken their case in court. 7. Introductory and demoted tenancies All new tenants, unless already a secure tenant with another landlord, are given an introductory tenancy for a period of twelve months. Introductory tenants do not have the same rights as secure tenants and if they break any conditions of their tenancy it is much easier for the council to gain a Possession Order. More details on this can be found in the tenancy conditions. Demoted tenancies were introduced in the Anti-Social Behaviour Act 2003 and are an extension of the idea of introductory tenancies. This is a further power to tackle anti-social behaviour committed by tenants, their families or their visitors. Unlike introductory tenancies however, they can apply at any time during the life of a tenancy. Under this scheme social landlords are able to apply to the courts for a Demotion Order. This then creates a new type of tenancy, the demoted tenancy. In Enfields case this will mean secure tenants losing certain rights, including the right to buy, and giving them a weaker tenancy. Once a demoted tenancy is granted the council can then apply to repossess the property, which can only be refused if the procedures have not been carried out properly. This is seen as a useful, further tool to try to control anti-social behaviour. They act as both a warning and last chance, allowing time to work with the family to improve their behaviour and sustain the tenancy. If the behaviour does not improve significantly possession can be easily obtained. 8. Monitoring / date collection Reports of anti-social behaviour are recorded at the district offices and information stored on computer and tenancy file. Progress with cases is monitored and managed in accordance with the procedures as set out in this document. Regular audits of this system are carried out which help to identify areas of good practise and highlight training needs. In addition we monitor:

Numbers of possession orders numbers of evictions numbers of ABCs numbers of ASBOs numbers of injunctions

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 numbers of mediation referrals.

In future this will also include numbers of demotion orders. Performance Indicators In addition to the above, through the audit procedure we look at certain performance indicators. For example, % of cases where time scales are adhered to and % of cases where file records are adequate. Data is also now being collected on the ethnicity of both victims and perpetrators. We comply with Best Value Performance Indicator 164, by following the Commission for Racial Equality (CRE) Code of Practice in rented homes as well as the Good Practice Standards for Social Landlords. A tenant satisfaction survey was carried out this year amongst those people whose reported cases of nuisance had been recently closed. This was the first time such a survey had been conducted. The results were encouraging and the survey will be repeated to help us to determine how effective our policies and procedures are. Potential performance indicators are likely to involve this issue.

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Housing anti-social behaviour procedure

Council Tenancies and Temporary Accommodation 1. Receiving a complaint (Stage One) If the complaint involves a racial incident or racial harassment the Racial Incident Procedure must be followed. 1.1 The person receiving the initial complaint must immediately carry out the following: Complete the initial report form - form A, including the unique reference number pass the original to the estate manager if the victim is in temporary accommodation then a copy of the form should be given to the temporary accommodation senior officer (T/A senior officer) and the original should go to the temporary accommodation officer (T/A officer) raise any urgent repairs and indicate on the computer that the repairs are due to vandalism or are re-chargeable. arrange for photographing and removal of graffiti. (NB. Target for nonracial graffiti is 48 hours) advise the complainant to report the matter to the police, if appropriate provide victim with diary sheets. If the victim indicates that there is an immediate or short-term risk of violent attack then the matter must immediately be referred to the estate manager / T/A officer so that emergency temporary accommodation or community alarm can be considered. The person completing the initial report form should enter the details onto the harassment / anti-social behaviour database. All cases must be given a unique reference number as follows: Area Team Code: Patch Reference: Year incident reported: Sequential number: FA (Town), EA (Southgate), etc. 01, 02, etc. 99, 00, etc. 1, 2, 3, etc FA02/99/1

1.2

. 1.3

An example of a reference number is:

The reference number should be entered onto the database and on the form A.

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1.4

Advise the victim of how the complaint has been categorised and when they should expect to be contacted. If available, hand our advisory leaflet.

2. Interviewing the victim and devising an action plan for gathering evidence (stage 2). 2.1 Within 2 working days (Priority 1), 5 working days (Priority 2) or 10 working days (Priority 3) of receiving form A, the estate manager / T/A officer must arrange to interview the victim and devise an action plan for carrying out detailed investigations and gathering evidence. In exceptional cases it may be necessary to carry out this interview more quickly. Interpreting arrangements should be made where there are specific communication needs. Ideally two officers should undertake the interview. The victim should agree form B should be completed by the estate manager / T/A officer during the interview and the proposed action plan. The action plan may involve: Interviewing alleged perpetrator(s) and witnesses (using forms C & D). arranging interviews with caretakers, wardens, etc. obtaining information and advice from other council departments (e.g. legal services, social services, and environmental health), previous estate managers / T/A officers and support agencies as appropriate .taking documented photographs of physical evidence, i.e. damage to person or property, and/or making use of audio tape recording equipment; such material may be used as evidence that harassment has occurred monitoring the anti-social behaviour over a period of days or weeks to ascertain pattern and frequency. This may prolong the investigation but any evidence collected will assist in the outcome. contacting the repairs section to assess damage and carry out repairs contacting legal services to obtain further information using the housing/police protocol; for example, to obtain details of previous convictions for known perpetrators or to obtain details of any suspects in the vicinity if the perpetrator is unknown. a joint visit with the police to interview the victim and/or perpetrator the use of mediation, professional witnesses and/or surveillance cameras (to be discussed with the Anti-Social Behaviour Manager) introducing a package of security measures arranging a joint visit with victim support if the victim wishes. a joint visit with legal services. At the end of the interview the estate manager / T/A officer should provide victim support information and ensure the victim has diary sheets to record details of any further incidents. Following the interview, copies of form B must be sent to the victim and the senior estate manager (or T/A senior officer). A copy must also be placed on the victim's file and that of the alleged perpetrator (if known).

2.2

2.3

2.4

22

3. Implementing the action plan for gathering evidence (stage 3). 3.1 The estate manager / T/A officer should complete implementation of the action plan within 20 working days of the interview with the victim. Contact with the victim must be maintained throughout this period. In serious cases, interviews with alleged perpetrators should be carried out using form D with two officers present (one to conduct the interview and the other to take notes).

3.2

4. Acting on the evidence obtained (stage 4) 4.1 Once the evidence gathering stage has been completed or at the end of the 20 days (whichever is the sooner), the estate manager / T/A officer must discuss the findings with the senior estate manager or the local service manager (or T/A senior officer) and agree on a suitable course of follow-up action. This meeting must take place within 5 working days. The proposed action must be recorded on form F and then be agreed with the victim. The proposed action may include a warning letter to the perpetrator(s), a referral to legal services for legal action, recharging the perpetrator(s) for damage to council property, calling a multi-agency case conference involving legal services, the police and other agencies, or a referral to the housing harassment panel (see paragraphs 7.1 - 7.2 below). The multi-agency panel is a problem-solving group, which discusses what input individual agencies have had and attempts to come to the best solution on a corporate basis. Account must be made of the decision of these panels in taking further action.

4.2

5. Monitoring & reviewing the action taken 5.1 Local service managers and T/A senior officers are responsible for setting up effective monitoring systems for checking progress in dealing with anti-social behaviour. A central register of anti-social behaviour cases must be maintained in every office. The monitoring of individual cases should be tied in with the monthly one-to-ones. Senior estate managers should go through all live antisocial behaviour cases with estate managers at these meetings to check the action taken. If an estate manager is absent for sometime the senior estate manager will ensure that the cases on their patch will be reviewed. The local service manager / T/A senior officer should review all live cases at least on a quarterly basis in order to review the action taken and to decide whether a case should be closed. District housing managers should ensure that the quarterly reviews of live cases by the local service manager are taking place.

5.2

5.3

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5.4

The anti-social behaviour manager will carry out a sample audit of antisocial behaviour cases on a regularly basis and will notify district housing managers of any concerns and of any good practice or innovation that should be shared. The decision to close a priority 1 or 2 case will be taken by the local service manager (or T/A senior officer in the case of temporary accommodation). The decision on whether to close priority 3 cases will be taken at the one-to-one meetings.

5.5

6. Cases involving non-council tenants 6.1 Where the alleged perpetrator of an incident is a council tenant but the victim is not, then the district office is expected to investigate the matter as per this procedure.

6.1.1 Where the victim is a council tenant but the alleged perpetrator is not, then the estate manager should initially investigate the matter as per this procedure. Action could include trying to find out the landlord of the perpetrator, if appropriate, seeking advice from the community safety unit, legal services or calling a multi-agency panel. Copies of the forms and other related paperwork should be kept on the victims file, as the perpetrator will not have a tenancy file. 7. The Housing Harassment Panel 7.1 The housing harassment panel consists of representatives from the council, the police, victim support, Enfield Racial Equality Council and is chaired by the anti-social behaviour manager. Cases should only be referred to the panel after exhaustive investigations have taken place and either a management transfer decision is required or there is deadlock on a case (e.g. the perpetrator is unknown or there is a serious counter allegation). Referrals to the panel should be made using form B. In addition, the victim should be given the option of providing a written account of their experiences to the panel for consideration or having personal representation by, for example a victim support worker and/or attending the panel meeting. If the victim wishes to attend the panel meeting they should be given the option of bringing a friend or representative.

7.2

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Housing Racial Incidents Procedure

Council Tenancies and Temporary Accommodation 1. Definition 1.1 A racist incident is defined as any incident that is perceived to be racist by the victim or any other person. This was a recommendation of the Stephen Lawrence Inquiry Report and the council has adopted the definition. Prior to the Stephen Lawrence Inquiry Report the Commission for Racial Equality (CRE) definition for racial harassment was used. The definition, which is still widely felt to be useful, is "violence which may be verbal or physical and which includes attacks on property as well as on the person, suffered by individuals or groups because of their colour, race, nationality or ethnic or national origins, when the victim believes that the perpetrator was acting on racial grounds and/or there is evidence of racism".

1.2

2. Receiving a complaint of racial harassment (stage 1) 2.1 The person receiving the initial complaint must immediately carry out the following. Complete the Racial Incidents Action Group (RIAG) referral form - form A (excluding the section entitled Action taken and update), including the unique reference number. Fax the form to the LBE community safety unit at the civic centre (the community safety unit will forward a copy to the police for information). Send copies to the local services manager and anti-social behaviour manager. Pass the original to the estate manager. If the victim is in temporary accommodation then a copy of the form should be given to the temporary accommodation senior officer (T/A senior officer) and the original should go to the temporary accommodation officer (T/A officer). Raise any urgent repairs and indicate on the computer that the repairs are due to a racial incident. Arrange for photographing and removal of graffiti. (This must be carried out within 24hours). Advise the complainant to report the matter to the police. If the victim indicates that there is an immediate or short-term risk of violent attack then the matter must immediately be referred to the estate manager / T/A officer so that emergency temporary accommodation or community alarm can be considered. The person completing the RIAG referral form should enter the details onto the harassment / anti-social behaviour database. All cases must be given a unique reference number as follows:25

2.2

. 2.3

Area Team Code: Patch Reference: Year incident reported: Sequential number:

FA (Town), EA (Southgate), etc. 01, 02, etc. 99, 00, etc. 1, 2, 3, etc FA02/99/1

An example of a reference number is:

The reference number should be entered onto the database and on the RIAG referral form in the space entitled Agency Report No.. 3. Interviewing the victim and devising an action plan for gathering evidence (stage 2) 3.1 Within 2 working days of receiving the RIAG referral form, (or within a timescale specified by the victim), the estate manager / T/A officer must arrange to interview the victim and devise an action plan for carrying out detailed investigations and gathering evidence. In exceptional cases it may be necessary to carry out this interview more quickly. Interpreting arrangements should be made where there are specific communication needs. Ideally the interview should be undertaken by two officers. Form B should be completed by the estate manager / T/A officer during the interview and the proposed action plan should be agreed by the victim. The action plan may involve: Interviewing alleged perpetrator(s) and witnesses (using forms D & E). arranging interviews with caretakers, wardens, etc. obtaining information and advice from other council departments (e.g. legal services, social services, environmental health), previous estate managers / T/A officers and support agencies as appropriate taking documented photographs of physical evidence, i.e. damage to person or property, and/ or making use of audio tape recording equipment; such material may be used as evidence that harassment has occurred monitoring the harassment over a period of days or weeks to ascertain pattern and frequency. This may prolong the investigation but any evidence collected will assist in the outcome. contacting the repairs section to assess damage and carry out repairs contacting the police (with the victims consent) to obtain further information using the housing/police protocol; for example, to obtain details of previous convictions for known perpetrators or to obtain details of any suspects in the vicinity if the perpetrator is unknown a joint visit with the police to interview the victim and/or perpetrator the use of professional witnesses and/or surveillance cameras (to be discussed with the anti-social behaviour manager) introducing a package of security measures arranging a joint visit with victim support if the victim wishes (recommendation from the Stephen Lawrence Inquiry Report) a joint visit with legal services. At the end of the interview the estate manager / T/A officer should

3.2

3.3 26

provide victim support information and give the victim a copy of form C to record details of any further incidents. 3.4 Following the interview, copies of form B must be sent to the victim and the senior estate manager (or T/A senior officer). A copy must also be placed on the victim's file and that of the alleged perpetrator (if known).

4. Implementing the action plan for gathering evidence (stage 3). 4.1 The estate manager / T/A officer should complete implementation of the action plan within 20 working days of the interview with the victim. Contact with the victim must be maintained throughout this period. All interviews with alleged perpetrators should be carried out using form D with two officers present (one to conduct the interview and the other to take notes).

4.2

5. Acting on the evidence obtained (stage 4) 5.1 Once the evidence gathering stage has been completed or at the end of the 20 days (whichever is the sooner), the estate manager / T/A officer must discuss the findings with the senior estate manager or the local service manager (or T/A senior officer) and agree on a suitable course of follow-up action. This meeting must take place within 5 working days. The proposed action must be recorded on form F and then be agreed with the victim. The proposed action may include a warning letter to the perpetrator(s), a referral to legal services for legal action, recharging the perpetrator(s) for damage to council property, a case conference involving legal services, the police and other agencies, or a referral to the housing harassment panel (see paragraphs 7.1 - 7.2 below).

5.2

6. Monitoring & reviewing the action taken 6.1 Local service managers and T/A senior officers are responsible for setting up effective monitoring systems for checking progress in dealing with racial harassment. A central register of racial harassment cases must be maintained in every office. The monitoring of individual cases should be tied in with the performance management cycle. Senior estate managers should go through all live racial harassment cases with estate managers at monthly one-to-one meetings to check the action taken. If an estate manager is absent for sometime, senior estate managers will ensure that the cases on their patch will be reviewed. The local service manager / T/A senior officer should review all live cases at least on a quarterly basis in order to review the action taken and to decide whether a case should be closed. District housing managers should ensure that the quarterly reviews of 27

6.2

6.3

live cases by the local service manager are taking place. 6.4 The anti-social behaviour manager will carry out a sample audit of racial harassment cases on a quarterly basis and will notify district housing managers of any concerns and of any good practice or innovation that should be shared. The decision to close a case will be taken by the local service manager (or T/A senior officer in the case of temporary accommodation). A case will generally only be closed if the victim has recently confirmed that there have been no incidents within the last six months. Racial harassment cases will be classified as follows:Incidents have occurred within the last 6 months or action is

6.5

6.6

Active pending.

Closed No incidents have occurred within the last 6 months and no action is pending. 7. Cases involving non-council tenants 7.1 Where the alleged perpetrator of a racial incident is a council tenant but the victim is not, then the district office is expected to investigate the matter as per this procedure. However, the estate manager should liaise with the racial harassment support officers based in the LBE community safety unit. Where the victim is a council tenant but the alleged perpetrator is not, then the estate manager should initially investigate the matter as per this procedure but should refer the details (i.e. copies of form B etc) to the racial harassment support officers and the housing advice centre for possible action against the perpetrator. Copies of the forms and other related paperwork should be kept on the victims file, as the perpetrator will not have a tenancy file.

7.2

8. The Housing Harassment Panel 8.1 The housing harassment panel consists of representatives from the council, the police, victim support, Enfield Racial Equality Council and is chaired by the anti-social behaviour manager. Cases should only be referred to the panel after exhaustive investigations have taken place and either a management transfer decision is required or there is deadlock on a case (e.g. the perpetrator is unknown or there is a serious counter allegation). Referrals to the panel should be made using form B. In addition, the victim should be given the option of providing a written account of their experiences to the panel for consideration or having personal representation by, for example a victim support worker and/or attending the panel meeting. If the victim wishes to attend the panel meeting they should be given the option of bringing a friend or representative.

8.2

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Additional information on related legislation

Children Act 1989 Section 27 of the Children Act requires any authority that is asked to assist by another local authority to protect the interests of a child to comply with the request provided the request is compatible with their own statutory duties and obligations and does not unduly prejudice the discharge of any of their other functions. This means that a local authority must take into account, and comply with, any requests concerning the interests of a child from other authorities, such as social services or the education authority, before deciding on appropriate action to deal with anti-social behaviour. Disabilities Discrimination Act 1995 Section 22 (3) (c) of the Disabilities and Discrimination Act states that it is unlawful for a person managing any premises to discriminate against a disabled person occupying those premises by evicting the disabled person, or subjecting him to any other detriment. The definition of a disabled person includes those who have a mental health or learning disability, as well as those with physical disabilities. In accordance with case law concerning this Act a landlord must take into account any disability before deciding what action to take. It would be discriminatory under the terms of the Disabilities Discrimination Act 1995 to seek to evict a person for nuisance if that nuisance arose because of the disability unless the nuisance is extreme and the resultant effect on neighbours is deemed to be greater than the effect of the loss of the disabled persons home. This is a developing area of law and it may be necessary to re-evaluate the situation in the light of emerging case law. Local Government Act 2000 Section 2 of the Local Government Act 2000 gives local authorities the power to do anything which they consider is likely to achieve the promotion or improvement of the social well-being of their area and the promotion or improvement of the environmental well-being of their area. This power may be exercised in relation to or for the benefit of all or any persons resident or present in the local authoritys area and extends to people living outside the area. It enables a local authority to: Incur expenditure give financial assistance to any person enter into arrangements or agreements with any person co-operate with, or facilitate or co-ordinate the activities, of any person exercise on behalf of any person any functions of that person provide staff, goods, services or accommodation to any person. 29

The purpose of the Act is to enable local authorities to apply imaginative solutions to problems such as anti-social behaviour. Homelessness Act 2002 and Homelessness Strategy The Homelessness Act 2002 requires all local authorities to carry out reviews of homelessness in their areas and to develop a strategy for tackling it. Under this strategy the prevention of homelessness is especially significant. Landlords, including the council, are expected to make every effort to resolve problems with anti-social and unlawful behaviour, and to explore all options for action, before taking steps to evict a tenant. Another relevant provision of the Act is the duty placed on local authorities to assist persons where it is not reasonable for a person to continue to occupy accommodation because it is likely to result in violence. This is of particular relevance in considering requests for rehousing from the victims or witnesses of anti-social or criminal behaviour. The act extends the categories of people whom the local authority has a duty to assist on grounds of vulnerability to include the following: a) All 16/17 year olds not currently in care or covered by the Children Leaving Care Act b) a person who is aged 18,19,20 or 21 who is a care leaver c) a person who is vulnerable as a result of having been in care (i.e. over 21) d) a person who is vulnerable as a result of having been a member of the Armed Forces e) a person who is vulnerable as a result of having served a custodial sentence or remanded in custody f) a person who is vulnerable as a result of violence or threats of violence from another person (including domestic violence). These provisions have particular implications when considering applications for housing from the perpetrators of anti-social behaviour or criminal activity. The Act also changed the way in which local authorities allocate their properties. In particular the Act removed the power for local authorities to implement blanket exclusions of certain categories of applicant. In its place a power was introduced which allows local authorities to decide that individual applicants are unsuitable to be tenants as a result of serious unacceptable behaviour. Unacceptable behaviour is defined as: behaviour that would - if the applicant had been a secure tenant of the housing authority at that time - have entitled the authority to possession under section 84 of the Housing Act 1985 (other than ground 8). This is a complex test but the Code of Guidance published in November 2002 states that, if authorities wish to treat applicants as ineligible on the basis of unacceptable behaviour, they must follow certain steps and satisfy 30

themselves that: a) There must have been unacceptable behaviour and that such behaviour would constitute reasonable grounds for granting a possession order; b) that the behaviour is serious enough to make the applicant unsuitable to be a tenant of the housing authority; and c) at the time the application is considered, it is appropriate to take that behaviour into account. The guidance makes it clear that it is not appropriate to take into account previous unacceptable behaviour if the behaviour can be shown to have improved. These provisions are important as they mean that people who have been evicted for anti-social behaviour either from borough housing or other properties cannot automatically be excluded from the housing register. Each case must be considered on its merits. If an existing applicant or tenant on the housing register is guilty of anti-social behaviour then the same test is applied and, provided the criteria are met, they will receive no preference and will lose all their points for housing until such time as the behaviour has improved or is no longer relevant. Data Protection Act 1998 and the Human Rights Act 1998 The Data Protection Act deals with the collection, storage and use of data. It is relevant because it places restrictions on the disclosure of data. The Act applies specifically to data that is of a personal nature. The data may be obtained and stored in a number of ways. For example data can be stored in a paper format (for example application forms and letters), on computer or on film or video (obtained for example through the use of CCTV). Article 8 of the Human Rights Act is also relevant. This states: 1. Everyone has the right to respect for his private and family life, his home and correspondence. 2. There shall be no interference by a public authority with the exercise of this right except such as in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of rights and freedoms of others. This is of relevance as it prevents the council from intruding on an individuals private life by undertaking surveillance or monitoring except in specified circumstances. It also restricts the information that can be shared with other agencies.

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An information sharing protocol has been developed in Enfield with other agencies such as the police to ensure that data can be shared. Under this protocol information can be shared if it is required to: Prevent/detect crime prevent nuisance prevent/detect disorder ensure public safety.

Race Relations Act 1976 and Race Relations (Amended Act) 2000 Under the Race Relations (Amended) Act 2000 the Council has a general duty to: Eliminate unlawful racial discrimination promote equality of opportunity promote good relations between persons of different racial groups. There is also a specific duty on local authorities to: Assess whether their functions and policies are relevant to race equality monitor their policies to see how they affect race equality assess and consult on policies they are proposing to introduce publish the results of their consultations, monitoring and assessments make sure that the public have assess to the information and services they provide train their staff on the new duties.

In accordance with the associated Statutory Code of Practice the council published a Race Equality Scheme in May 2002. This commits the council, amongst other things, to the following:

Ensuring that race equality is an in built part of equalities in employment

and service delivery assessing its relevant functions, policies, practices and procedures against the impact they may have on the community including different racial groups monitoring all relevant services in line with requirements set out within the Act. A copy of the scheme and the continuing progress made over the years since this was first published can be obtained on request.

Other agencies / contact numbers

Environmental Crime Unit Environmental crime is a general term covering a wide range of anti-social activities that affect our streets, estates and parks. It affects your quality of life and indirectly increases fear of crime. The action taken by the environmental 32

crime unit supports the council's aim for a cleaner greener Enfield. Our objective is to try and make a difference to the street scene and we will prosecute those who choose to disregard our environment. Contact us by telephone on 020 8379 1000 or by email at envir.crime@enfield.gov.uk What We Do Here are some of the incidents that the environmental crime unit will investigate: Abandoned vehicles untaxed vehicles fly tipping dumping of waste fly posting breaches of planning law graffiti illegal street trading illegal use of the highway overgrown trees / shrubs. Noise Nuisance Team What we do We investigate complaints of noise nuisance. The most common complaint we receive is of noise made by amplified music. Other noise sources include commercial noise (such as machinery and building construction, railway noise and roadworks), domestic noise (such as animals, noisy neighbours, car and burglar alarms and noisy parties). We will install noise-monitoring equipment in premises where appropriate in which complaints have been received on a regular basis. We will take action in court against people who refuse to obey the law and seize noise-making equipment from persistent offenders. Out of hours team The council operates an out of hours noise service and this is available to make visits to complaints about noise problems. Officers will be on duty in the borough and the service is available between the hours of: 21.00 Thursday to 03.00 Friday 21.00 Friday to 03.00 Saturday 21.00 Saturday to 03.00 Sunday 21.00 Sunday to 03.00 Monday

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and complaints can be reported by telephoning the councils contact centre on 020 8379 1000. We cannot deal with complaints such as road traffic noise, although it is taken into account when planning applications for developments are made. For rowdy noise in the street, contact the police Housing District Teams Edmonton District 020 8379 2353 Textphone (for hearing impaired callers only) 020 8379 2390 Email: hsgedmo@enfield.gov.uk Eastern District 020 8379 5721 - Estate Management Enquiries Textphone (for hearing impaired callers only) 020 8379 5705 Email: hsgeast@enfield.gov.uk Western District 020 8379 4561 Textphone (for hearing impaired callers only) 020 8379 4525 Email: hsgwest@enfield.gov.uk Community Safety Unit Antisocial behaviour co-ordinator 020 8379 3703/5131 Police Community Safety Unit deal with hate crime. Hate crimes are motivated by prejudice of the perpetrator. They are incidents perceived to be hate incident either by the victim, or a witness. Hate crime includes homophobic, racial, faith and domestic violence. Contact Enfield Police Community Safety Unit 020 8345 4731 Community Teams Community Beat officers can be contacted with non- urgent information. All the phone lines have an answer phone facility: Enfield Sector 020 8345 1162 Ponders End Sector 020 8345 1313/1361 Edmonton Sector 020 8345 4485 Southgate/Winchmore Hill 020 8345 4777 34

Good neighbour charter

Please help us to keep your estate a good place to live, for you, your family and visitors
Keep shared areas and balconies clean and tidy Clean the landing area outside your flat or maisonette Be considerate to your neighbours Dont use illegal drugs, possess or deal in them in your home or nearby Keep noise to a minimum. Appreciate that your neighbours may live differently to you and want peace and quiet. Dont let your pets become a nuisance to your neighbours Respect your neighbours property and their right to peace Keep a look out for other peoples property Be considerate and helpful to older people and children Treat your neighbours as you would like to be treated.

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How to complain
If you feel your case has not been fairly dealt with or you have another reason to complain about the service you have received:

Housing Complaints
If you have a complaint you can: Call in to your district housing office and we will try to sort out the problem Telephone or write to your local office. If you write use our FREEPOST address: Team Name, Enfield Housing Services, FREEPOST, PO Box 60, Civic Centre, Enfield EN1 3BR and you won't need a stamp. You will receive an acknowledgement, which will tell you when you can expect a response and the name of the person dealing with your complaint Our Response We will respond to you within 15 working days of receipt of your complaint If You Are Still Unhappy We have 3 stages in our complaints procedure - at each stage a more senior officer reviews your complaint The Local Government Ombudsman 10th Floor Millbank Tower Millbank London SW1P 4QP Telephone 020 7217 4620 Fax 020 7217 4621 General email: enquiries.london@lgo.org.uk Website: www.lgo.gov.uk

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