Definitions and Categorisation of ASB
Anti-Social Behaviour (ASB) is defined by Section 2(1) of the Anti-social Behaviour, Crime and Policing Act 2014. It is defined as conduct that:
- Has caused or is likely to cause, harassment, alarm or distress to any person.
- Is capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises.
- Is capable of causing housing-related nuisance or annoyance to any person
Domestic Abuse
Domestic Abuse is defined as behaviour of a person (A) towards another person (B) if:
- A and B are each aged 16 or over and are personally connected to each other, and
- The behaviour is abusive.
Further definitions of what is considered abusive and what defines personally connected can be found in the Domestic Abuse Act 2021.
Hate Incidents and Hate Crime
A hate incident is any incident perceived by the victim, or any other person, to be motivated by prejudice towards them due to a protected characteristic within the Equality Act 2010. This includes, but not limited to, race, religion, sexual orientation, disability or because they are transgender.
We promote and embrace an equal opportunity and diverse community. A hate crime is defined as any criminal offence which is perceived by the victim, or any other person, to be motivated by hostility or prejudice based on a person's race, religion, sexual orientation, transgender identity or disability.
Where an incident of domestic abuse or a hate crime is reported to the Council, we will encourage the victim to report this to the Police and other relevant agencies so that they can investigate. We will make safeguarding referrals where appropriate. We will deal with such allegations in the context of breaches of tenancy and we will support victims by signposting to specialist services.
Noise Complaints
A noise complaint is a grievance about excessive, disturbing, or unreasonable noise coming from a neighbouring property.
Noise complaints can affect resident’s quality of life, causing physical and emotional stress, sleep disturbance, and a decrease in concentration levels.
Where a report is made to us of excessive noise that takes place on a frequent basis, complaints about our social housing tenants will be investigated by an ASB Officer. All complaints of excessive noise received will be referred to our Environmental Health department for investigation, with consent of the complainant.
Categories of ASB
What could be ASB?
The table below outlines, but is not limited to, the types and examples of what is deemed ASB:
|
Type of ASB |
Examples of ASB |
|
Violence, abuse, intimidation, threatening behaviour, and harassment |
Threats to cause and/or actual harm to an individual(s), persistent behaviours which cause alarm, fear, distress and/or upset. |
|
Hate Crimes |
Hate crimes incidents based on race, sexual orientation, belief, gender, disability |
|
Domestic Abuse |
Abuse of a partner or household member |
|
Noise Nuisance |
Where there is noise from persistent dog barking, persistently loud music during the day and the night. DIY during unsociable hours and noise from house and car alarms. |
|
Communal Areas Nuisance |
Where youths congregate and/or loiter within housing blocks and are causing rowdy and/or threatening behaviour or vandalism. |
|
Animal Related Nuisance |
Animals fouling communal areas or not under proper control |
|
Environmental Abuse |
Fly tipping, holding bonfires |
|
Drugs, substance or alcohol abuse |
Alcohol related ASB. Use of, supply and cultivation of illegal drugs is criminal offence and can cause ASB. |
|
Other Criminal Behaviour |
Violence against people and property Arson Prostitution and other sexual acts Gangs Gun, knife crime, and other weapons Malicious communications |
Although we appreciate many situations can cause a nuisance to residents, not all reports are deemed to be anti-social.
Reports due to different lifestyles or every-day living situations which are not intended to cause nuisance or annoyance are not considered as ASB. The table below outlines, but is not limited to, the types and examples of what is not deemed to be ASB:
|
Issue |
Examples |
|
Children under 16 |
Children playing lawfully and babies crying |
|
Animal Related Nuisance |
Occasional dog barking |
|
Noise Nuisance |
Household noise due to everyday living (e.g. footfall and general movement around the property, proportionate sound from a TV, music/radio noise, noise from electrical items such as washing machines or vacuum cleaners and DIY during reasonable hours) |
|
Personal, religious and/or cultural events |
One-off parties, BBQs and celebrations Festivals for cultural reasons during usual celebration periods |
|
Personal Preferences |
Cooking odours and reasonable household smells |
|
Legal personal tobacco usage |
Vaping and smoking legal tobacco substances within a property |
|
Vehicle Related Nuisance |
Minor and/or occasional car maintenance Parking disputes |
|
Neighbour Issues |
Minor disputes between neighbours and/or personal differences Actions which amount to people being unpleasant (e.g. staring at or ignoring people) Gossip Escalated disputes between neighbours, unless the disputes amount to violence, abuse, threats, harassment and/or intimidation |
|
Ball Games |
That does not cause intentional damage |
|
Boundary Disputes |
This is a civil matter – seek legal advice |
|
Untidy Gardens |
Slightly unkempt garden, unless causing environmental issues such as vermin and pests |
|
CCTV, video and audio surveillance |
Detailed guidance is available from the Information Commissioners Office (ICO). |