What We Can Do To Stop Anti-Social Behaviour
The below information is designed to explain some of the most common legal remedies and other interventions available to us and our partner agencies, landlords and residents in regard to acts of anti-social behaviour.
Not all complaints about acts of anti-social behaviour go as far as the courts, many are solved by talking through the problem with perpetrators or by the intervention of another agency. Only the most persistent and severe cases go to court, these cases consume a lot of time, effort and money. Sometimes even a court order will not end the problem, the final resort may be the loss of a person's home or liberty.
Interventions
Before legal actions are pursued against the perpetrators of anti-social behaviour the Community Safety Team will work with complainants, perpetrators and its partner agencies to help resolve the problems. Our work with other agencies includes:
- A youth referral scheme operated by the police designed to spot persistent offenders.
- Environmental improvements undertaken by the council or landlord.
- Outreach contact by youth workers with young people on the streets.
- Activities in youth centres.
- Enforcing tenancy conditions by social landlords.
- Fixed penalty fines for acts of anti-social behaviour and disorder, dog fouling, littering, riding bikes on footpaths, drunken behaviour, grafitti, etc.
- Encouraging young people into diversionary activities such as sports, arts, culture, voluntary work, Duke of Edinburgh Awards, Tag Rugby, etc.
- The Youth Offending Team and Probation Service can work closely with offenders on a variety of schemes to change patterns of behaviour.
- Schemes to reinforce positive behaviour in young people.
- Mentoring schemes for young or vulnerable people.
- Resettlement and support for the most vulnerable members of our community.
- Swift removal of graffiti, fly-tipped rubbish, abandoned cars and litter to discourage others.
- Anti-vandalism campaigns.
- A crack down on street drinking of alcohol and sale to juveniles.
- An active Youth Forum for Poole's young people.
- Mediation services for neighbour disputes and noise nuisance.
- Citizenship programmes in schools.
- Various agencies in Poole work with both adults and young people to prevent and treat drug and alcohol misuse.
Legal Terms
Acceptable Behaviour Contract (ABC) - An ABC is a written contract between an individual who has been involved in anti-social behaviour and the local authority, police or social landlord. ABC's are most commonly used for young people, but they may also be used for adults, and will contain a list of prohibitions agreed to prevent future acts. ABC's have no force in law and are totally voluntary.
Anti-Social Behaviour Order (ASBO) - ASBO's are civil orders designed to protect communities from behaviour that causes harassment, alarm and distress. ASBO's are awarded by the magistrates court and are applied for by the police and local authority, recently registered social landlords have also been granted the power to apply. The police may also apply for an ASBO upon conviction of a criminal offence if felt appropriate. The order is applied to an individual and usually prohibits them from being in a specific area, undertaking specified acts or associating with named persons. ASBO's are not classed as a criminal conviction and do not appear on a person's criminal record. However should the person breach the ASBO by undertaking an act prohibited within it they are liable to arrest and the court can imprison them for up to six months. They will then have a criminal record.
Covenant Enforcement - Purchasers of ex-council properties under the Right to Buy scheme have covenants in their deeds and leases that prohibit acts of nuisance and anti-social behaviour, these covenants transfer with subsequent sales of the property. These can be enforced in the courts and leases have been revoked in the past and people lost their homes and the value within them.
Eviction - If living in rented accommodation perpetrators of anti-social behaviour can be evicted from their homes by their landlord applying to the county court for a Possession Order. If granted these notices are enforced by the court's bailiff. Judges sometimes award an interim measure before eviction called a Suspended Possession Order, these in effect give the tenant one last chance to change their behaviour. Social landlords may now apply for an ASBO on tenants or acquaintances on the back of possession proceedings for anti-social behaviour.
Injunction - An injunction is obtained from the county court and is designed to prevent or prohibit types of behaviour, access to persons or property and actions such as threats or violence. Organisations and individuals can apply to the court for an injunction on payment of court fees. For information contact the court office or a solicitor. See Fact Sheet 7 for a list of solicitors participating in the legal aid scheme.
Noise Abatement Notice - Issued by the council's Consumer Protection on perpetrators of persistent noise nuisance such as loud stereos and TV. The notice prohibits certain noisy activities and if breached can result in the confiscation of the equipment and/or a substantial fine.
Notice of Possession Proceedings (NOPP) - A legal notice served on a tenant by a landlord for breach of their tenancy agreement. It is the first stage in the legal process that may result in their eviction from their home (see Eviction). Most tenancy agreements and leases contain covenants concerning anti-social behaviour and neighbour nuisance.
Breaches can also be committed by family and friends of the tenant, who visit the property and also covers the areas in which tenants live.
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