Anti-social Behaviour Policy

Anti-Social Behaviour Policy

1. POLICY PURPOSE

1.1    One Manchester recognise that anti-social behaviour (“ASB”) can have a devastating impact on people’s lives and is fully committed to dealing with incidents of ASB and the causes of ASB, by working collaboratively with our communities and partners. 

1.2    One Manchester will take reasonable and proportionate steps to address ASB and support residents’ peaceful enjoyment of their homes. 

1.3    A victim-centered approach will be taken, putting the victim at the center of the work, focusing on the harm they are experiencing and the impact that the ASB is having on people’s lives, the wider community as well as the environment.

1.4    The purpose of this policy is to prevent where possible, and tackle ASB, support victims, sustain tenancies where appropriate and create safe communities through early intervention, partnership working and proportionate enforcement.

2. POLICY SCOPE

2.1 This Policy applies to:

• residents, occupiers, visitors and others who are victims or witnesses of anti-social behaviour affecting our homes, communities or services; 
• residents, occupiers, visitors and others alleged to have engaged in anti-social behaviour within our homes or communities; and 
• individuals who are not our tenants or residents but whose anti-social behaviour has a direct impact on our residents, communities or housing management functions.

2.2. This includes people who live in our;

• General needs accommodation
• Supported schemes
• Leasehold

2.3    The policy may also apply to individuals living in other forms of tenure where their behaviour has a direct impact on our residents, communities or housing management functions.

2.4    We also recognise that our own colleagues and contractors may be affected by ASB incidents and we are committed to supporting them if they witness or are subjected to ASB whilst carrying out their duties.

3. RELEVANT LEGISLATION & REGULATION

3.1    One Manchester will adhere to all relevant legislation and requirements as they apply, including but not limited to:-

• Crime and Policing Act 2026
• Equality Act 2010
• Housing Acts 1985, 1988 ,1996 and 2004
• Anti-social Behaviour Crime and Policing Act 2014
• Data Protection Act 2018
• Protection from Harassment Act 1997
• Policing and Crime Act 2009
• Police Reform and Social Responsibility Act 2011
• Criminal Justice Act 2003
• Crime and Disorder Act 1998
• Safeguarding Vulnerable Groups Act 2006
• Mental Capacity Act 2005
• The Human Rights Act 1998
• Domestic Abuse Act 2021
• Regulator of Social Housing Consumer Standards including the Neighbourhood and Community Standard and Transparency, Influence and Accountability Standard.

3.2    One Manchester will also refer to any statutory guidance and/or guidance issued by the Regulator.

3.3    One Manchester will endeavour to comply with any new legislation in relation to ASB that is introduced whilst this Policy is in effect.

4. DEFINITIONS

4.1    One Manchester adopts the definition of ASB as set out in the Anti-Social Behaviour Crime and Policing Act 2014 (as amended):

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

4.2    One Manchester will also rely upon the nuisance and annoyance clauses within our tenancy agreements.

5. GENERAL

5.1    One Manchester strives to:-

5.1.1    Take all complaints of nuisance and anti-social behaviour seriously and respond promptly in and effective and sensitive manner aiming to resolve issues.

5.1.2    Ensure staff are appropriately trained and able to exercise their professional judgement when assessing reports that they receive.

5.1.3    Have in place robust agreements with tenants/leaseholders which clearly outline our stance on ASB;

5.1.4    Risk assess all reports of ASB at first contact and reviewed throughout the life of the case. The assessment will consider:

• actual or threatened violence;
• domestic abuse;
• hate incidents;
• safeguarding concerns;
• mental or physical health issues;
• vulnerabilities;
• impact on daily living;
• repeat victimisation.

The level of response and case management will be proportionate to the risk and harm identified.

5.1.5    Recognise that persistent noise can have a serious effect upon residents' health and wellbeing. Reports of noise nuisance will be assessed based upon frequency, severity, duration and impact upon the resident

5.1.6    Acknowledge that each case of ASB is different and operate a “victim” centered approach when dealing with reports of ASB.

5.1.7    Ensure that all our staff are trained to identify and prevent safeguarding issues and understand the different aspects of safeguarding that they have a duty to report.

5.1.8    Identify disabilities, vulnerabilities, communication needs or safeguarding concerns and consider appropriate support, make referrals to support services or partner agencies where necessary, and implement reasonable adjustments to ensure customers can access our services fairly and effectively.

5.1.9    Consider the individual circumstances of victims, witnesses and alleged perpetrators, including any vulnerabilities, disabilities, support needs or communication needs, and take these into account when assessing risk and determining our response.

5.1.9    Deal with complaints of ASB, and information received in the strictest confidence and in accordance with our legal and regulatory obligations.

5.1.10    Keep victims and witnesses informed of developments as appropriate, being mindful of data protection obligations and any ongoing proceedings.

5.1.11    Consider, where appropriate, the use of a range of available legal remedies. Action taken will be proportionate to the seriousness, persistence, impact and risk arising from the behaviour.

5.1.12    Take a multi-agency and holistic approach to with a common aim of trying to reduce ASB.

5.1.13    Deal with ASB linked to Domestic Abuse or Hate Crime in accordance with those policies.

5.2    One Manchester will take necessary action against tenants, members of their household or their visitors if they do not comply with the conditions of the tenancy agreement (or any lease or transfer deed for owner occupiers who exercised their right to buy/acquire)

5.3    Where One Manchester serves a Notice of Seeking Possession or applies to the court for a Warrant, the Community Safety Team will make a referral to the relevant Local Authority Homeless Team, where appropriate.

5.4    One Manchester will also use powers available to it to help protect non-One Manchester customers from unacceptable behaviour that may occur in neighbourhoods where we have homes. In appropriate cases, we will work with partner agencies to support enforcement and legal action.

5.5    One Manchester will not tolerate abuse towards our colleagues, our contractors or anyone else providing services on our behalf. This includes threats of violence, verbal abuse and intimidation, harassment and actual violence. One Manchester will manage inappropriate behavior in line with the unreasonable behaviour policy.

5.6    A resident's behaviour may be challenging while still requiring consideration of vulnerability, safeguarding needs and reasonable adjustments

5.7    Cases will not normally be closed without:

• notifying the reporting party;
• explaining the reasons for closure;
• considering whether further support is needed;
• advising of review or complaint routes.

5.8    We recognise that residents measure service not only by the outcome achieved, but by the quality of communication, support and case management provided throughout an investigation. Residents can therefore expect to be treated with respect, kept informed of progress and advised of the reasons for decisions made during our investigations.

5.9    Information may be shared with partner agencies where lawful, necessary and proportionate for the prevention of crime, safeguarding, tenancy management or protection of vulnerable persons.

6. How to report ASB

6.1    One Manchester recognises the diverse needs of people and is committed to trying to eliminate any barriers to reporting incidents of ASB.

6.2    We will work with relevant partners to prevent and tackle anti-social behaviour. 

6.3    Where reports of ASB identify potential property hazards, damp and mould, hoarding, safeguarding concerns or risks to health and safety, referrals will be made to the relevant operational teams without delay.

6.4    Domestic abuse reports will be treated as high-risk incidents and managed in accordance with safeguarding procedures and the Domestic Abuse Policy.

6.5    Reports received through any service area will be treated as reports of ASB and referred promptly to the appropriate team.

6.6    Any person can report complaints of anti-social behaviour by:-

• Phone during office hours
• by e-mail at anytime
• online via the customer portal
• in person at any of our offices during office hours
• by a third party such as a councilor or support worker

6.7    Where appropriate, an agreed action plan will be developed with the reporting resident.

6.8    The level of support available to a resident will not be determined solely by the amount of evidence available.

6.9    Where appropriate, support and early intervention measures will be considered alongside enforcement action.

6.10    Staff will remain alert to safeguarding concerns and wider indicators of harm and will make referrals where appropriate.

6.11    Where reports of anti-social behaviour raise concerns regarding hoarding, self-neglect, fire safety, property condition or other risks to health and safety, these will be considered alongside any safeguarding concerns and managed in accordance with relevant policies and procedures.

6.12    Where concerns are identified regarding cuckooing, criminal exploitation, county lines activity, modern slavery or other forms of abuse, appropriate safeguarding measures and referrals will be considered alongside any tenancy enforcement action.

6.13    We will take account of any disabilities, vulnerabilities, communication needs and protected characteristics when responding to reports of anti-social behaviour and will make reasonable adjustments where appropriate to ensure customers can access our services fairly.

6.14    Where reports disclose issues affecting resident health or safety, the matter will be referred immediately to the relevant service area and managed in accordance with the organisation's health and safety responsibilities.

6.15    Reports involving actual or perceived hate-related behaviour will be prioritised and handled using a victim-focused approach, with consideration given to safeguarding and partnership agency involvement.

7. QUALITY ASSURANCE MONITORING AND REVIEW

7.1    We will monitor and learn from the feedback we receive about how we manage and respond to cases of ASB to ensure a high standard of our services.

7.2    We will invite customers to scrutinise our service and give us feedback for improvements.

7.3    Performance information relating to ASB services will be reviewed with customers and used to inform service improvement.

7.4    We will maintain accurate and contemporaneous case records, risk assessments, action plans, decisions and communications in relation to ASB investigations.

8. COMPLAINTS

8.1   If a customer is unhappy about a decision in relation to this policy, they should first follow the One Manchester Complaints process. If they are still not satisfied, they may then take the complaint to the Housing Ombudsman.

8.2   If a customer is unhappy with the handling of their ASB case they have the right to request a ASB case review via Manchester City Council who will independently review the case on the condition it meets the threshold.

8.3   The existence of an ongoing ASB investigation will not prevent a customer from making a complaint about the standard of service provided.

8.4   We will analyse complaints, ASB reviews, Ombudsman determinations and customer feedback to identify trends and improve service delivery.

9. EQUALITY IMPACT ASSESSMENT

9.1    One Manchester is committed to Equality, Diversity and Inclusion.

9.2    An Equality Impact Assessment (EIA) has been completed and there are no risks identified and no requirement for amendments. All protected characteristic impacts are considered within the policy.

10. MONITORING AND REVIEW OF THE POLICY

10.1     Compliance with this policy shall be monitored by Assistant Director of Neighbourhoods. We will review the impact of this policy on customers with protected characteristics.

10.2    The Policy will be reviewed in 3 years.

10.3    The Assistant Director of Neighbourhoods will be responsible for the effective delivery of this policy and initiating a review of this policy.

11. ASSOCIATED POLICIES AND DOCUMENTS

11.1    Internal Documents:

11.1.1    ASB guidance notes for staff
11.1.2    Domestic Abuse Policy
11.1.3    Hate Behaviour Policy
11.1.4    Safeguarding Policy
11.1.5    Allocation /Lettings Policy
11.1.6    Complaints Policy
11.1.7    Unreasonable Behaviour Policy
11.1.8    Access Policy
11.1.9    Repairs Policy

11.2    External Documents:

11.2.1    Regulator for social housing Tenant Satisfaction Measures Standard April 2023
11.2.2    Housing Ombudsman Spotlight Report regarding Noise October 2022
11.2.3    Consumer standards 2024
11.2.4    Regulator for social housing Tenant Satisfaction Measures Standard April 2023
11.2.5    Housing Ombudsman Spotlight Report regarding Noise October 2022
11.2.6    Consumer standards 2024