DATE APPROVED: August 2015 Revision No: 3 Code: HM 11

TOPIC: Anti-Social Behaviour Policy DATE APPROVED: August 2015 Revision No: 3 Code: HM 11 CONTENTS 1. Introduction 2. Equalities and Diversity 3. Access to Policy Information 4. Tenant Involvements and Consultation 5. Policy Monitoring 6. Risk Management and Assessment 7. Procedures 8. Training 9. Legal Requirements 10. Purpose of this Policy 11. Policy Objectives 12. Anti-Social Behaviour Act 2004 13. Responding to Anti-Social Behaviour 14. Action to Resolve Complaints 15. Anti-Social Complaints with Regard to Drug Dealing or Drug Misuse 16. Involving other agencies 17. Neighbour Disputes involving owner occupiers and sharing owners 18. Policy Review 1 P age

THE PURPOSE To set out Shettleston Housing Associations approach to tackling anti-social behaviour and harassment. 1. Introduction Shettleston Housing Association operates in accordance with; Statutory Requirements The standards set down in the Scottish Social Housing Charter The requirements of the Scottish Housing Regulator In the formulation and implementation of all its policies. SHA seeks to fulfil its Corporate Aims through the development and implementation of its policies and all SHA s policies operate to achieve its Strategic Objectives as set out in its Internal Management Plan. 2. Equalities And Diversity SHA is committed to providing equality of opportunity to all persons or groups within its area of operations in every aspect of its activities. In operating this policy SHA will endeavour to ensure equality of opportunity for all at all times and in all circumstances. The potential impact of this policy either positive or negative on any protected characteristics was considered when developing this policy. This Equality Impact Assessment is attached to the policy. In line with this commitment to equality, this policy, and any summary or information leaflet, can be made available, free of charge, in a variety of formats including large print, translation into another language or audio tape. 3. Access To Policy Information SHA will ensure that its policies are made fully available to all tenants, applicants, members, persons or groups within its areas. Every effort will be made by SHA to support access and promote awareness of its policies by posting these on its website, developing summaries, guidance and information leaflets as appropriate. 4. Tenant Involvement and Consultation SHA is committed to meet the requirements of the Housing (Scotland) Act 2010 in all of its policies and to meet the requirements of the Scottish Social Housing Charter. SHA It will involve tenants in the development of its policies and seek feedback in appropriate circumstances. It will ensure at all times that any material change to services affecting tenants in this and other policies will be the subject of consultation. 2 P age

5. Policy Monitoring SHA is committed to ensure that adequate monitoring of the implementation of its policies is undertaken. This will be achieved through regular review by the Management Committee; customer/tenant feedback surveys, and regular consultation with tenant/resident groups. 6. Risk Management And Assessment SHA has a detailed Risk Management Policy in place and it will assess the risks to the Association in the implementation of each of its policies as part of its risk management strategy. 7. Procedures SHA will develop a detailed set of back up procedures identifying actions, roles and responsibilities in the implementation of its policies. These procedures will be subject to regular review and audit. 8. Training SHA will ensure that its staff are properly trained in terms of their knowledge and understanding of statutory requirements and the requirements of the Scottish Social Housing Charter Performance Standards pertaining to its policies. It will ensure that appropriate staff is kept up to date with all procedures pertaining to the implementation of policies. The Management Committee and will have access to training to ensure that it can maintain appropriate control and an overview of the policy and procedures. 9. Purpose Of This Policy This policy aims to clearly set out Shettleston Housing Association s approach to tackling anti-social behaviour and harassment Although there is no legal requirement for housing associations to have a strategy in place we recognise that tackling anti-social behaviour and harassment is now a key activity for housing organisations and is vital in maintaining sustainable communities where people feel safe and secure. 10. Legal And Regulatory Requirements This Policy aims to be consistent with all relevant legal and regulatory requirements, including those set out below: is designed in compliance with the following: 10.1 Legal Requirements The Housing (Scotland) Act 2001 The Housing (Scotland) Act 2010 The Housing (Scotland) Act 2014 Equality Act 2010 Crime and Disorder Act 1998 3 P age

Misuse of Drugs Act 1971 Anti-Social Behaviour (Scotland) Act 2004 Human Rights Act 1998 Regulation of Investigatory Powers (Scotland) Act 2000 Data Protection Act 1998 Schedule 7, Housing Scotland Act 2001 Criminal Justice (Scotland) Act 2003 Sex Discrimination Act 1975 Race Relations Act 1976 (Amendment) Regulations 2003 Scottish Secure Tenancy Agreement Short Scottish Secure Tenancy Agreement 10.2 Regulatory Framework We will comply with the Scottish Social Housing Charter requirements most relevant to this policy: Outcome 6 - Neighbourhood and Community: Estate Management and anti-social behaviour, neighbour nuisance and tenancy disputes. Tenants and other customers live in well maintained neighbourhoods where they feel safe. This outcome covers a range of actions that social landlords can take on their own and in partnership with others. It covers action to enforce tenancy conditions on estate management and neighbour nuisance, to resolve neighbour disputes and to arrange or provide tenancy support where this is needed. It also covers the role of landlords in working with others to tackle anti-social behaviour. Outcome 11 - Tenancy Sustainment: Tenants get the information they need on how to obtain support to remain in their home; and ensure suitable support is available, including services provided directly by the landlord and by other organisations. The following SHA policies should also be referred to in relation to our approach to anti-social behaviour and harassment: Estate Management Policy Allocations Policy Void Management Policy Breach of Tenancy with Regard to Drug Dealing or Drug Misuse Policy Complaints Policy Procedure Customer Care Charter Tenancy Sustainment Policy Internal Management Plan 4 P age

Engagement Strategy Policy Equality and Diversity Policy 11. Policy Objectives Shettleston Housing Association understands the effects of neighbour nuisance, anti-social behaviour and harassment on individual tenants and communities. We believe that all tenants have a right to live peacefully in their homes and as such, take very seriously, the issue of anti-social behaviour and harassment, which adversely affects that right. In addition to the above statement the Association makes the following commitments: The Association will: Adopt policies and practices, which aim to enable residents to live peacefully in their community. Ensure opportunities are available to allow tenants to easily report incidences of anti-social behaviour Respond appropriately to all complaints concerning anti-social behaviour in line with agreed standards, locally agreed targets and good practice. Ensure that early action is taken in response to all complaints. Listen sympathetically to all tenants and will not pre-judge or make assumptions. Advise tenants of the actions they can take in response to the anti-social behaviour. Record all complaints and action taken in a clear and consistent manner. Investigate and evaluate cases to assess the most appropriate action required. Support the victims of anti-social behaviour and harassment, particularly where they are at risk of reprisals and are required to give evidence in court against their neighbour (staff should give regular updates on progress, advice on potential future action and implications for complainants). Refer cases to Community Safety Glasgow in accordance with our partnership agreement Ensure other relevant agencies, Police, Social Work Department, Environmental Services and Community Safety Glasgow assist in resolving anti-social behaviour. 11.1 Harassment Harassment will be defined by reference to the victims perceptions of the cause of their harassment. The Association will make every effort to ensure that victims of harassment are aware of their rights and what remedies are available to protect them. 5 P age

In consultation with the victim of harassment the Association will consider all the evidence and information available and taking account of the wishes of the victim will pursue an appropriate course of action. Racial, Sectarian or any other form of harassment is a serious breach of the Tenancy Agreement, which can lead to eviction. The Association will pursue all legal remedies against the perpetrators of harassment. The Association has a separate Policy on Racial Harassment. The Association will give appropriate support and assistance to any tenant taking civil action because of harassment, or to any occupier where the harasser is the Association s tenant. 12. Anti-Social Behaviour Act 2004 & Framework for Tackling ASB in Scotland This Act The Anti-Social Behaviour etc. (Scotland) Act 2004 sets out the main powers of enforcement available to housing associations and others in tackling anti-social behaviour (notwithstanding those available as a result of a breach of tenancy). The Act defines anti-social behaviour as follows: A Person engages in anti-social behaviour if he/she (a) (b) (c) acts in a manner that causes or is likely to cause alarm or distress; or pursues a course of conduct that causes or is likely to cause alarm or distress, to at least one person who is not of the same household. Conduct includes what people say; and a course of conduct must involve conduct on a least two occasions. Anti-social behaviour is not necessarily behaviour that it merely different, for example by reason of a medical or developmental condition or a mental health problem or because of a different lifestyle, culture or religion. Additionally, a behaviour that is shown to be reasonable in the circumstances will be disregarded. Framework for Tackling Anti-Social Behaviour The Scottish Government s Framework published in 2009 Promoting Positive Outcomes: Working Together to Prevent Anti-Social Behaviour in Scotland for tackling ASB in Scotland is about promoting positive outcomes:- by preventing ASBanti social behaviour before it occurs; by resolving ASB anti-social behaviour effectively at an early stage when it does occur; by agencies working together more effectively; by communities being more involved in developing sustainable local solutions; and by communicating positive, evidence-based messages about our people and places. 6 P age

The key message of this framework is that communities are best served by not having to experience ASB anti-social behaviour in the first place and as such prevention, through meaningful community experience, should be the focus of local approaches. It is only by preventing problems before they occur or intervening early when they do that we will deliver long-term sustainable solutions for communities. Shettleston Housing Association strongly endorses and is committed to only using enforcement measure where more positive approaches to tackling Anti-Social Behaviour in our communities have failed. The Housing (Scotland) Act 2014 provides the Association with additional powers and obligations in tackling anti-social behaviour : by enabling social landlords to grant a Short Scottish Secure Tenancy (SSST) to new tenants, or to convert an existing tenancy to a SSST, where the applicant, tenant, a household member or a visitor has been involved in anti- social behaviour in or near social housing within the last 3 years an eviction order because of the anti-social behaviour or an Anti-Social Behaviour Order (ASBO) is no longer required. by extending the minimum term of a Short Scottish Secure Tenancy from six months to one year, and allowing a further six months extension where further tenancy support is required. by requiring the landlord, when seeking to terminate a Short Scottish Secure Tenancy, to notify the tenant of the reason for the action and giving the tenant the opportunity to request a review of the decision Section 14 of the Act removes the reasonableness test in actions for recovery of possession whereby the landlord does not require to prove it is reasonable to request recovery of the property in cases where the tenant has been convicted of using the house for immoral or illegal purposes or an offence punishable by imprisonment committed in, or in the locality of, the house within the past year. This can include instances where an Anti-Social Behaviour Order has been breached or drugs offences. 13. Prevention of Anti-Social Behaviour Shettleston Housing Association adopts measures in seeking to prevent neighbour disputes and incidences of anti-social behaviour by:- Ensuring appropriate support is available for applicants who accept a tenancy with the Association Ensuring all new tenants are advised of their obligations and the Association s responsibilities as landlord when signing their tenancy agreement. Providing information concerning anti-social behaviour in the Association s quarterly newsletter which is circulated to all residents of Shettleston Housing Association. Completing new tenant visits within 6 weeks of signing a tenancy agreement and ensuring the tenant is aware of their responsibilities and is not experiencing any difficulties in their new home, close or neighbourhood. 7 P age

Considering sensitive lettings to reduce the potential of neighbour disputes arising. Suspending applicant's on the Associations waiting list who adopt threatening, violent or abusive behaviour against any person in the neighbourhood. Such people include their residents, visitors, employees of the Association, including agents or contractors and Committee Members. Regularly inspecting properties, tenements and local area to ensure compliance with tenancy conditions. Working closely with other organisations to address issues that have arisen in the local area before they escalate and become anti-social. Monitoring services of Upkeep and liaising closely with Police and Community Safety Glasgow. 14. Responding to Anti-social Behaviour Recording Complaints The Association will at all times maintain an impartial stance when dealing with complaints received, with an overall aim for reconciliation between those involved and encouragement for people to live in harmony. The Association will respond to complaints quickly, efficiently and within the locally agreed targets as agreed following the consultation exercise. It is recognised that on occasions it is not always possible to identify who is the victim and perpetrator in some situations reported. In all situations reported the Association will keep the complainant regularly informed of developments both verbally and in writing. Anonymous complaints will be treated with caution and will only be accepted in exceptional circumstances. An example would be where anti-social behaviour relates to serious problems, such as violence towards a tenant and there is good reason to believe that there could be fear of reprisals. 15. Categorising Neighbour Nuisance and Anti-Social Complaints The Association, in consultation with local residents and Committee have developed locally agreed targets for resolving anti-social cases. The targets To assist staff, tenants and others we will use categories of complaints to by determining how we will respond to complaints of anti-social behaviour and neighbour disputes. These categories are also in accordance with follow the guidelines agreed with Community Safety Glasgow set out by Glasgow Community and Safety Services (GCSS) who work in partnership with the Association to continue to improve community reassurance by enforcing messages to tenants and residents of Shettleston that anti-social behaviour will not be tolerated. 8 P age

Complaints Categories: When complaints are received, staff will categorise on the following basis:- Category A Very Serious Complaints Complaints which concern a conviction for drug dealing, criminal behaviour involving serious incidents of violence or threats of violence towards any member of the public including members of staff, serious assault, serious harassment, racial harassment, incidents of sectarian abuse and serious damage to property, including fire raising. Target : Category A complaints will be responded to within 24 hours and will be forwarded to Community Safety Glasgow for resolution Category B Serious Complaints Complaints which concern aggressive/abusive behaviour, frequent disturbance, vandalism, drug/solvent/alcohol abuse, verbal/written harassment, and frequent and persistent noise and dog fouling. Target : Category B complaints will be responded to within 2 days and housing staff will have a target of 3 weeks to investigate and resolve the complaint or refer to another agency including Community Safety Glasgow. Category C Nuisance Complaints Complaints which concern simple breaches of tenancy conditions such as noise nuisance and neighbour disputes including boundary issues. Target : Category C complaints. Housing Staff will respond to Category C complaints within 5 days and aim to investigate and resolve the complaint within 4 weeks. 16. Action to Resolve Complaints Shettleston HA will provide staff with sufficient guidance and training to attempt to resolve neighbour disputes or anti-social behaviour through a variety of methods. Our responses may include one or more of the following: Home visits Correspondence with tenants involved Office interviews Recharging tenants for work which they have failed to do or to cover the cost of repairs for damage caused by them Mediation services Making use of the Provisions contained in the Dog Fouling (Scotland) Act 2003 9 P age

Environmental Protection Services in the enforcement of local bye-laws Referral to the Police where activity is of a criminal nature Requests to the Police for information in relation to specific incidents where they have been involved Requests to CCTV operators through Community Safety Glasgow to monitor antisocial activity or obtain images relating to particular incidents Withdrawal of Allocation rights:- Section 6 of The Housing (Scotland) Act 2014 allows social landlords to set a minimum period before any applicant is eligible for the allocation of housing depending on circumstances (a minimum period cannot be placed on homeless applicants by local authorities with a legal duty to secure accommodation for the applicant). This is sometimes known as suspension from receiving an offer of housing. Section 10 of the Associations Allocations Policy makes reference to the reasons for suspending an application from the waiting list. Offer of sound monitoring device, as advised and currently used by the NRT (Neighbour Relations Team) (Close) Meetings with residents to resolve neighbour disputes Use of Interdicts or Specific Implement Acceptable Behaviour Contracts - An Acceptable Behaviour Contract (ABC) whilst having no weight in law, is an important tool which can be used prior to any consideration of legal action or remedy. The ABC forms the basic contract by which the person(s) subject to the contract is/are willing to alter his/her/their behaviour and if breached the ABC will be taken into consideration when looking at other non-legal or legal measures. Unacceptable Behaviour Notices - An Unacceptable Behavior Notice is a document that is served on individuals, recognising that they are not willing to engage with the Association to complete an ABC. The Notice, which lists the nature of the anti-social behaviour and highlights the consequences should the behaviour continue, is signed by the Association, Community Safety Glasgow and the Police and can be used as evidence in Court if it is decided that further action is to be taken Application to the Local Authority for an Anti-Social Behaviour Order (ASBO) - Sheriffs can now grant an ASBO or interim ASBO against an individual aged 12 or over who is repeatedly involved in anti-social behaviour and where existing options are not working. Interim ASBO s can be made before the full evidence is heard if there is a pressing need to protect people. Work with the Police and others using other appropriate enforcement powers as set out in the Anti-Social Behaviour Act 2004. Issue a Notice of Proceedings for Recovery of Possession as a warning against continued breach of tenancy. 10 P age

Proceeding to Repossession of Tenancy at the Sheriff Court. Creation of a Short Scottish Secure Tenancy where applicants have acted in an antisocial manner within the last three years as per The (Housing) Scotland Act 2014. At present the minimum period for all SSST s is six months. Where the SSST has been given to a tenant because of anti-social behaviour or eviction for anti-social behaviour, the 2014 Act extends the minimum period to 12 months. This is to allow sufficient time for support services to help address the anti-social behaviour.the Act allows social landlords to extend an SSST for anti-social behaviour by an additional six months. This means that an SSSTs due to anti-social behaviour could last up to 18 months. The landlord can however still take eviction action against the tenant during this period if it becomes necessary. If a landlord intends bringing an SSST (created due to anti-social behaviour or eviction for anti-social behaviour) to an end and repossess the property, the Act now requires the landlord to provide clear reason why it is doing so and to set out which requirement(s) of the tenancy agreement have been broken. The landlord will also have to provide at least four weeks notice before eviction proceedings can be raised. The Act gives tenants the right to request a review by the Landlord before the case goes to court. Conversion of a Scottish Secure Tenancy to a Short Scottish Secure Tenancy for a tenant who has been served with an ASBO or has acted anti-socially within the last three years. 17. Anti-Social Complaints with Regard to Drug Dealing or Drug Misuse Given the increasing general prevalence of drug related problems and the obvious concerns of Association tenants in this regard, the Association has a separate Policy regarding Breach of Tenancy Conditions with regard to Drug Dealing or Drug Misuse which will provide a clear framework of how the Association will respond to information provided in relation to the conviction of Association tenants or member of their household in relation to use of the property for illegal purposes relating to drug offences. 18. Involving Other Agencies Shettleston Housing Association is committed to the Scottish Governments framework on partnership working and a multi-agency approach. We recognise that the Association may require other agencies to assist with resolving neighbour disputes. This may include arranging support for a tenant unable to cope with sustaining a tenancy or asking for assistance with investigating and resolving breaches of conditions of tenancy or anti-social behaviour. We will liaise with the following agencies in particular in respect of the above: Police Community Safety Glasgow Social Work Service Glasgow City Council Environmental Protection Service 11 P age

In exceptional cases the use of Private Investigators (or Professional Witnesses) and/or surveillance equipment may be used where all other attempts to obtain independent corroboration or complaints or anti-social activity has failed or intimidation of witnesses or complainants prevents action being pursued. This must be authorised by the Housing Manager. 19. Neighbour Disputes Involving Owner Occupiers and Sharing Owners Shettleston HA manages mixed tenure estates of tenants, owners and sharing owners. Where we receive a complaint from a tenant or resident about a sharing owner private tenant or owner-occupier we will forward the complaint to Community Safety Glasgow for investigation and resolution. We will examine any obligations that a Sharing Owner has in a Title Deed, Feu Disposition, or Occupancy Agreement and consider whether any behaviour or activity is contrary to their obligations as set out in such documents. In partnership with Community Safety Glasgow, the legal action we take however, will be limited to the options which are relevant to owners or sharing owners such as: An application for an Anti-Social Behaviour Order Issue an Acceptable Behaviour Contract or Unacceptable Behaviour Notice Interdict Action for Specific Implementation Notification to a Lender of a breach of legal obligations. We will also advise residents where appropriate of the legal options open to them as individuals to pursue. Complaints from an owner or sharing owner (or any other member of the community) about a tenant will be dealt with in the same way as it if the complainant was another tenant. 20. Tenant Engagement And Satisfaction In accordance with the Engagement Strategy Policy, Shettleston Housing Association aims to deliver the highest quality of housing services and customer care to residents by providing a sensitive and efficient service for tackling anti-social behaviour, to ensure that residents can live peacefully in their homes and maintain sustainable communities. To do this successfully, Shettleston Housing Association is committed to engaging effectively with people who use, or want to use our services, so that All of our services are informed by feedback and Improvement is driven by tenant/resident expectations 12 P age

Shettleston Housing Association aims to achieve a high level of tenant satisfaction in tackling anti-social behaviour. The Association is committed to offering a range of opportunities to tenants/residents to make it easier for them to be informed of and to provide feedback on our services and their level of satisfaction including: HOWDY Cards - Everyone who has had a repair carried out will be asked to comment on the service they receive by filling in a HOWDY (how well did we do?) card. Service users can provide feedback by completing a HOWDY card online at www.shettleston.co.uk/survey; Tenant Satisfaction Surveys - Every 3 years Shettleston Housing Association will commission an external organisation to carry out a formal satisfaction survey; Consultation Panel - Shettleston Housing Association has established a Consultation Panel made up of our service users to consult on a variety of issues and services; Focus Groups - These may be formed from our Consultation Panel where it may be necessary to discuss a particular item in more detail; Happy to Translate - Shettleston Housing Association is a member of Happy to Translate, a service that helps bridge the gap between people who want to access our services but who may have difficulty communicating in English; Complaints - Anyone can complain if they feel we did not deliver our service to their satisfaction. We aim to handle complaints and comments in accordance with the expectations of the Scottish Public Services Ombudsman (SPSO), and full details of the complaints process are contained within our complaints procedure. The complaints Procedure can be downloaded from our website at http://www.shettleston.co.uk/uploads/2012/12/24/1356345898 1739852719 complaints leaflet2012.pdf; Online - Shettleston Housing Association publish information about our performance and tenant/resident feedback on our website. The website also provides the facility for tenants to provide feedback on services via the following link : www.shettleston.co.uk/survey. Social Media - Shettleston Housing Association has established social media presence to facilitate communication between service users and the Association. Newsletters - Shettleston Housing Association publish quarterly newsletters for all tenants and residents. Each newsletter includes feedback section for reporting on feedback received. Face to Face Contact - Tenants and residents can visit our office for pre-arranged interviews and can also call into the office to speak to staff. Leaflets - Shettleston Housing Association publish leaflets on individual services. These leaflets are available from our office. AGM - Shettleston Housing Association hold an annual general meeting that is open to all members. Committee Membership - Tenants and residents are encouraged to consider standing for election to the Management Committee. 13 P age

The Association will use the feedback from tenants to ensure continuous improvement in our service to tackle anti-social behaviour. Feedback will be provided on a quarterly basis via our newsletter and on an annual basis via our performance reports 21. Performance Monitoring And Reporting The Association shall maintain internal information systems which are based around our targets for investigating and resolving cases of anti-social behaviour. The Association will monitor action taken and results achieved to ensure the most effective methods are utilised in addressing issues of anti-social behaviour. Anti-social behaviour will be monitored using both regulatory and local performance indicators (KPI s) The Social Housing Charter indicators are as follows:- Indicator 17 : Percentage of tenants satisfied with the management of the neighbourhood they live in. Indicator 19 : Percentage of anti-social behaviour cases reported in the year which were resolved within locally agreed targets The monthly report to Committee will provide the relevant information pertaining to the Social Housing Charter, Annual Return on the Charter ( ARC) Number of cases of anti-social behaviour reported : Of those, Number of cases resolved Number of cases resolved within locally agreed targets The monthly presentation to Committee will highlight particular trends and issues and is intended to allow proper discussion of issues affecting residents and the community. Reports are presented to Committee on a monthly basis and reported as part of the Internal Management Plan on a quarterly basis. This in reviewed on an annual basis and informs the KPI s which are agreed each year with Committee. This information is then reported annually to the Scottish Housing Regulator through the ARC, Annual Return on the Charter. The Association will monitor the performance of Community Safety Glasgow to ensure the service is cost effective and meets the demands of the Association in tackling anti-social behaviour. Satisfactory results in resolving disputes and satisfaction from tenants/residents in the community will be assessed.. Meetings are held with staff on a weekly basis to monitor individual cases and the overall service is discussed and reviewed on a quarterly basis. 22. Policy Review This policy will be reviewed annually unless an earlier review is required due to legislative changes. 14 P age