Anti social behaviour
- noise nuisance
- neighbour disputes
- verbal abuse
- threatening behaviour
- harassment and intimidation
- vandalism
- criminal damage
What can you do?
- Ask yourself if you are being reasonable
- Go to the person calmly and explain the problems you are experiencing (or if applicable ask your Neighbourhood Watch contact to do this on your behalf)
- Do not shout or be verbally abusive as they may shout and retaliate and be abusive to you
- If you do not feel confident enough to approach the person face to face, try writing a polite note explaining what the problems are and post this through their door. This could also be done anonymously or as a group, e.g. writing "a few of us are a bit concerned..."
Reporting Anti-social behaviour
- What the anti-social behaviour is
- Whether you have reported it before (with a satisfactory or unsatisfactory response)
- Whether you or the alleged offender are social landlord tenants
When you call to report anti-social behaviour: Be Prepared.
You will probably be asked the following questions so have your answers ready:
- What is being done?
- Who is doing it?
- When did it happen (date and time)?
- Is this the first instance? If not, how often has it happened?
The police, local authority, or other agency have a range of tools available to them to tackle anti-social behaviour. Early intervention techniques are very effective in a number of situations.
Don't suffer in silence
However, with anti-social behaviour, it is better to report it to the local agencies yourself wherever possible. This means you can have a direct contact with someone in the police, local authority or housing association. Try and get a name. Then you can contact them directly to find out what they are doing about the problem. You can also give evidence which can be very important to getting results.
Gathering evidence
The problem starts. You call the police or other agency. When they arrive everything is calm. No one else has seen or heard the problem. Sound familiar? You are not alone.
Without good evidence agencies and courts cannot act. Here are some suggestions to help you build up a case against the perpetrator(s). Remember that your report of each incident will be the foundation for your case.
Diary Sheets are a great way to record what is happening, how often and the impact this has had on yourself and your household. Keeping a log of events will help you to recall the events in the order that they happened. You cannot expect to remember every incident in the order that they occur as your memory fades over time. Keeping a diary will therefore assist you, not only will it refresh your memory, but if the case goes to court (although this is not always necessary to stop the behaviour) records of an incident captured in good detail at the time which also describe the impact the anti-social behaviour has had on your well-being will help officers handling the case to provide credible, persuasive and accurate evidence.
We recommend a simple diary with the date, time and place, the behaviour witnessed, what you were doing at that time, and how it made you feel. Most councils will have a template ASB diary sheet and they should be able to supply you with these. However, in the meantime you can use your own diary, notebook or download the ASB Help diary sheet to complete. All of these formats will be accepted by a court. Upon speaking to the investigating officer, you will be able to arrange for these to be collected/dropped off at a convenient time.
However, please remember that if there is an incident that requires immediate attention do not hesitate to contact the Police. Do not just write it down on a diary sheet as action may need to be taken there and then.
Written Correspondence
If you have received threatening emails, letters, text messages or seen posts on social media, you may want to keep these as evidence. Written evidence is so powerful and even if it is distressing to read, you should keep it.
If the message is something posted on a social media site which the person posting it could later remove, we would recommend you print it out or get a screenshot. It may be worth asking an independent person (preferably in an official capacity) to sign it and confirm they saw it live on the internet.
Also, if you have voicemail or answerphone message that evidences the anti-social behaviour, you should save them where possible, or ask a police/council officer to listen to them and give you a statement noting what they had heard.
Noise monitoring equipment
Noise monitoring equipment should be available from the Environmental Health team at your local authority (or possibly at your housing association). These can be placed in your home to record the noise you are hearing. The agencies can then measure the decibels and times of the noise which allows them to decide whether it is a statutory nuisance (affecting your health and/or normal lifestyle). This is necessary to get a Noise Abatement Notice, which is a legal notice requesting the offender to stop making the noise or limit it to certain times of the day. The equipment used to monitor the noise level will be installed by an Officer (not in uniform) and will not be visible to the neighbours.
Some housing associations and local authorities have purchased a noise monitoring service which enables you to download an app on your mobile device or tablet. If the problems you are experiencing relate to noise, it may be worth asking if this service is something your landlord offers. Once you have made a short recording of the noise, the investigating officer will be notified directly via email.
CCTV surveillance and other filming
CCTV surveillance equipment is now widely used in evidence of both crime and anti-social behaviour. However, you must be aware of the legislation when installing CCTV in your own home as it should not be directed beyond the boundary of your own property. Placing the camera in a way that is intrusive could lead to claims of invasion of privacy and harassment, so it is important to be respectful of your neighbours’ and others’ rights.
Private CCTV should only be used to ensure the security of the property it is installed on, rather than recording the activity of neighbours. The boundary of a garden/property is a very good guideline, beyond which, activity could be considered intrusive. Security of the home is only breached if the boundary is crossed by someone intent on causing damage or committing a criminal act.
Further information in relation to this can be found at: –
www.gov.uk/government/publications/domestic-cctv-using-cctv-systems-on-your-property.
Please note that the police may require footage from your CCTV equipment, and you may be asked for this if it has picked up evidence of crime and or anti-social behaviour.
Feeling frightened inside your home?
Fear can make you a prisoner in your own home and stop you leading a happy and enjoyable life. Here are some simple things you can do to help you feel less frightened. Take control and choose to believe you will be fine.
- Lock all doors and windows (double-check them to reassure yourself).
- Go through your home, especially after visitors, to make sure everything is as it should be.
- If you have had threats or there is a history of something being put through your letterbox, you could try to seal it during the night so it cannot be opened.
- Make sure your home is well lit and light switches are easy to find. The right lighting can make a big difference to comfort and emotional wellbeing.
- Identify sounds so that you can quickly recognise them, for example a car door shutting, a dripping tap, the lift in a block of flats etc. This will help you be less nervous when you hear a noise if you know what it is.
- Close your curtains, blinds and interior doors at night, as this will add to your feeling of security.
- Make sure you have a telephone near you.
- Use an answer machine to screen unwanted calls and only talk to the people you want to. Answer the phone by saying ‘hello’ - don't give your name or number - and try to keep calm and not show emotion, even if receiving an unpleasant call, as many callers will give up if they don’t think they are upsetting you.
- Act calmly if you hear banging on your windows or knocking on your door. Only answer the door if you are expecting someone. Consider having a chain and peephole fitted. With a peephole you can see who is there, but they cannot see you.
- Take your mind off your fear by doing something else, such as reading or calling a friend.
- Breathe deeply and try to relax.
There are helplines set up specifically to provide emotional support – you may want to contact The Samaritans http://www.samaritans.org/ for telephone support. Call 116 123 for free.
Victim Support is another charity that may be able to help with emotional and practical support in your local area: http://www.victimsupport.org.uk/ depending on whether they have funding to provide an ASB service.
Feeling frightened outside your home?
Anti-social behaviour can make you frightened to leave your home. If it is your neighbours who are making your life a misery, you may be scared to return home. If anti-social behaviour is affecting you in a public place then you may be scared to go through that park, get on that bus, or go to your local shops.
Where anti-social behaviour is targeted at you, the perpetrator will be delighted to know you are frightened. Don’t give them that satisfaction. Take control of your fear. Here are some ways how:
- Get to know your neighbours (the non-antisocial ones!). This will give you potential support if they are suffering from the same ASB. You can find strength sharing your story and are more likely to get fast results if there are a few of you complaining. It also gives you someone to turn to at difficult times.
- Take a mobile telephone with you when you go out.
- Carry a personal attack alarm and learn how to use it.
- Try to change your daily routines, ask friends to go with you whenever possible and always let someone know what your plans are
Where possible, take alternative routes so you do not need to pass the people causing you distress. Unfortunately this is not always possible. You will therefore need a way to face that fear and anxiety.
One particularly helpful technique is called ‘desensitisation’. You start with imagining yourself going through the fearful situation (e.g. walking up the driveway to the bus stop past the problem neighbours) and use relaxation strategies that replace the fear and worry with calm. Once you can successfully manage your anxiety while imagining fearful events, you can use the technique in real-life situations. Over time you become desensitised to the issues causing you fear (this can also work with phobias such as needles, fear of flying etc.).
Managing your fear in the moment
You suddenly see the group of youths, or the stalker. How can you manage the fear that threatens to overcome you?
- Take deep full breaths and relax each part of your body, starting with your shoulders and working your way down to your feet.
- Now assess the situation. Is it simply anxiety or is there actually something going on? Report it if there is anti-social behaviour or a crime happening.
- Do not retaliate and do not show fear, but simply walk past with purpose. Calm down, think of a happy place and say to yourself, "I am not afraid".
- As soon as you can, write down what you are scared of. This helps you name your fears and makes it easier to let them go. (Writing down details will also help build up evidence of anti-social behaviour.)
- Tell someone how afraid you are, perhaps a trusted friend or family member. Talking to someone can help simply through making a connection, and they may also help put your fears to rest.
Managing your fear in the long term
Look after yourself. Make sure you get enough sleep; feeling tired can make your fears seem bigger and scarier. Do plenty of exercise and think positively.
Understand fear. Fear is a feeling and being afraid can become a habit. You can learn what your triggers are, how not to give in to your fears and therefore choose to react differently.
Don’t avoid the things that scare you. This can increase the fear of the scary thing itself. You need to take control of the fear and continue with your life, focusing on relaxation techniques to manage the fear.
Seek professional help. This is a good way to work towards dealing with your anxiety and fears as sometimes you can’t stop being scared by yourself. Don’t be ashamed or afraid to talk to your GP. You may have some form of panic or anxiety disorder they can help with.
Photographic evidence in ASB cases
How useful are photographs as evidence in court?
Although sometimes photographs can provide useful information, preferably when supported by other evidence, Judges and Magistrates give more weight to evidence from people who have seen or experienced the anti-social behaviour first-hand than photographs or video clips. Greater reliance is placed on supporting witnesses to keep diaries and provide statements to build a case than obtaining photos and video clips as evidence to use in court.
This shift is due to the following factors:
- It is illegal to take, make, distribute, show, display, publish or possess photographs of children 16 and under which are defined by the law as indecent.
- Taking photographs of people in a public place would not normally be regarded as an invasion of privacy. However, using a telephoto lens to take a photo of someone in a private place, such as their home, without their consent might be an invasion of privacy.
- Owners of private property cannot normally prevent photographs being taken of their own property from a public place (unless for example, if a judge believes it is reasonable to make an injunction to prevent someone doing so).
- A person who enters private property without permission commits trespass, as does a person who climbs on a landowner’s wall to take a photograph for example.
- You may enter private property with permission of the owner under their conditions. However, if you then break the conditions of access, which might include a condition not to take photographs, you become a trespasser.
- A person cannot claim they are being harassed just because they were photographed on one occasion when they did not want to be. However, it may constitute harassment if it causes a person to suffer harassment, alarm and distress and if such actions amount to a pattern of conduct – i.e. at least two separate incidents.
That said, below we set out some guidance to help you understand your rights, avoid invading others’ privacy and know what material is helpful to progress an ASB case.
Legislation (non-commercial film/photography)
Anyone can take photographs in a public place, on streets, or from your own property. However, there are certain restrictions which apply to specific situations to safeguard children, national security and the rights of individuals to privacy and freedom from harassment. Below are some points to note: –
- Photographs are not conclusive in terms of the actions they show because they do not always show the context in which action takes place.
- Photographs can be manipulated.
- Judges and Magistrates would rather hear first-hand evidence from a resident who is suffering from ASB than watch video clips or photographs.
Taking photographs as evidence of ASB
If you are seen taking photographs by those believed to be responsible for ASB it could send a signal to them that you are willing to take action and make them think twice about their behaviour. However, you should also be aware that it might also have the opposite effect and escalate the ASB through threatened or actual retaliation.
The specific agency you are working with (e.g. Police, Local Authority) can give advice on the safety and usefulness of taking photographs in individual cases.
What can you do with the photographs?
Photographs or video material should only be used for the purposes of assisting authorities to prevent or detect anti-social behaviour and not for publishing or wider use, particularly if they identify people and personal information. When deciding what to do with such material, the officers or public authorities handling your case will be able to advise.
The General Data Protection Regulation (GDPR) governs how public authorities use and store personal information. This includes photographs which are stored with personal details. Photographs taken for purely personal use, such as a parent photographing their child in a school nativity play are exempt.
Noise Disturbance
Noise disturbance is by far the most common type of anti-social behaviour reported to the police, local authorities and housing associations and nearly every aspect of anti-social behaviour involves some level of noise whether it be loud music, parties, multiple visitors frequenting a property, banging, alcohol related disorder, foul and abusive language to name but a few.
Who do you report noise to?
Prior to making a formal noise complaint to your Local Authority, ASB Help would strongly suggest you attempt to have a reasonable discussion with your neighbour or even write them a note to try and resolve the issue. They may not even be aware that they are causing a problem.
We strongly recommend you DO NOT RETALIATE. If you get into a tit-for-tat situation (e.g. they play loud music at 2am, so the next night you hoover at 5am, so then the next day they start banging on the walls, etc.) it can quickly get out of control.
If speaking to your neighbour proves unsuccessful or you do not feel it is appropriate to approach your neighbour, then depending on nature of your complaint, would dictate your next course of action.
Primarily, the Local Authority’s Environmental Health Team is responsible for investigating noise nuisance complaints e.g. loud music, dogs barking, door slamming or similar. However, if the noise is because there are frequent visitors to a local drug den next door, then your housing provider or local authority’s ASB would be the most appropriate route.
Being Reasonable
When living in a flat, semi-detached or terraced house hearing some noise from neighbouring properties is inevitable. Babies will cry, children will play, toilets will be flushed, taps turned on, doors occasionally slammed and everyone is more than likely to exchange words with a partner within their own home at some point.
In society today, we often do not know our neighbours. Keep this in mind when you experience any annoyance or nuisance. If on a summers day your neighbours had a barbeque and there was music and lots of noise from everyone talking and having fun, would this be considered anti-social behaviour? If you had had a bad night with your children for example or was trying to sleep in the day because of shift work, does that make the BBQ anti-social?
Bear in mind that if you do not know your neighbours, they do not know you either. So, if this is the first and probably only BBQ that your neighbours have had this year, and it’s the middle of the day on a Saturday, then that is clearly not something to bother the police or local authority about. It may simply be a party and a one-off event. There are things we can do to shut out an annoying noise – go out for a few hours, use earplugs if trying to sleep, or put the TV on. Do not let a situation get out of control – if not dealt with quickly, it can escalate.
Sound Insulation
Poor sound insulation is a problem in many homes. If often means you can hear domestic noise from your neighbour such as footsteps, talking, dropping objects or children playing. This can be stressful, but you might have to learn to live with that noise. Legally they are entitled to go about their life creating normal amounts of noise without having to worry about how it affects you. You may struggle with noisy kids or perhaps your next door neighbour is hard of hearing and has their TV too loud. Yet we do need to balance a level of tolerance with others when it comes to anti-social behaviour.
Statutory Noise v Nuisance and Annoyance
In order for noise to be considered a statutory nuisance it must meet one of the following legal tests:
- Unreasonably and substantially interfere with the use or enjoyment of a home or other premise
- Injure health or be likely to injure health
Environmental Health Officers have the ability to issue warning notices for noise between 11pm and 7am which does not meet the statutory threshold, but it is believed that it may exceed the permitted level. The warning will request that the noise is reduced to the permitted level within a certain timeframe. If this is not adhered to, a person may receive a Fixed Penalty Notice (FPN), face prosecution or their noise equipment may even be seized.
However, what if, after investigating the noise does not meet the threshold to issue a Noise Abatement Notice or the noise is in the daytime but still ongoing and causing a nuisance and annoyance to you and possibly others residing nearby. There are options such as mediation, good neighbour agreements, ABCs, tenancy warning letters and mediation that could be pursued. In these instances your housing association (if appropriate) or Local Authority ASB Team may be able to assist.
Furthermore, the ASB Crime and Policing Act 2014 introduced a power for Local Authorities and Police to issue what is known as a Community Protection Warning (CPW) and Community Protection Notice (CPN) and these have been used in cases whereby the noise is having a detrimental effect on the quality of life of those within the locality, persistent and continuing in nature and unreasonable.
Comments
Post a Comment