COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF SOUTH DUBLIN COUNTY COUNCIL
Monday, July 13, 2009
QUESTION NO. 15
QUESTION: Councillor E. Walsh 2009
To ask the Manager to outline to the Council his proposals to take effective action in respect of Anti Social Behaviour in the Council's Housing Estates?
REPLY:
There has been a large investment of resources and effort in recent years in the administrative area of South Dublin County in dealing with anti-social behaviour incidents where the Council can directly have influence. There is a dedicated team of Anti Social and Estate Management Officers for the County. Set out below are some of the initiatives and interventions made in order to improve the quality of life of residents in the County.
1. A number of on-site visits have taken place by Council management with a view to identying enforcement issues. These issues are being tackled on an inter departmental/agency approach.
2. A co-ordination meeting was held with Garda Management. Such meetings are continuing on a more formal and regular basis to strenghten existing good linkages and co-operation with the Gardai.
3. Estate management procedures are constantly being reviewed and specfic training has been undertaken by the Housing/Community staff on identifying and developing local community resources. This will further develop community focused initiatives and strenghts.
4. Tenancy training has been reviewed with a view to emphasising the responsibilites of tenants to their local community and environment. An information and Q and A is proposed for new tenants in an area 6/8 weeks after occupancy of their new home to deal with specific problems and again with the aid of other agencies.
The primary aim of the above initiatives, is to ensure that South Dublin County is a safe and attractive place delivering good quality of life to those people living there.
Estate Management
Tackling anti social, and promoting pro-social, behaviour is at the core of this Councils housing management policy. Detailed below are the various projects that are currently being implemented in this regard.
Anti Social Policy
South Dublin County Council’s Anti social Policy Document, which outlines the Council’s policy in responding to complaints of anti social behaviour by Council tenants, was adopted by Elected Members in 2005. The Council investigates every complaint in a fair, impartial and objective way.
The aim of the policy document is to create and sustain a safe and peaceful living environment for the tenants of South Dublin County Council by actively tackling anti social behaviour through prevention, enforcement, support and rehabilitation. The categorization of incidents of anti-social behaviour provides a mechanism for prioritizing investigation of anti-social complaints having regard to the gravity and impact of the incident.
A total of 4143 actions were taken by SDCC in relation to the reported 876 anti-social incidents in 2008 while a total of 3563 actions have been taken in relation to the reported 630 incidents of anti social behaviour to date in 2009. These actions ranged from house calls by the Council’s Housing Estate Management Team, formal interview of tenants, referral to mediation, issue of formal warnings and ultimately Notice to quit in some instances.
All complaints are dealt with in confidence. The Estate Management Team will investigate every complaint and where appropriate will conduct interviews, issue verbal and written warnings, refer to other agencies, issue Eviction Notice (eviction of whole household)
Tenants involved in persistent anti-social behaviour will be evicted from Local Authority housing
Tenants evicted for anti-social behaviour cannot apply for Local Authority housing for 2 years and may not qualify for rent subsidy
The Council's Anti Social Policy document is currently being reviewed. This review will be guided by the provisions of Housing (Miscellaneous) provisions Bill 2008. A sub-committee of the Housing SPC had been formulated for the purpose of overseeing this review.
Anti Social Policy document http://www.sdublincoco.ie/sdcc/departments/housing/publications/pdf/AntiSocialBehaviourPolicy26112007.pdf
Anti Social Strategy
The Housing Miscellanous Provisions Bill 2008 has requested that within one year of the commencement of Section 34, a Housing Authority draw up and adopt an Anti Social Behavioural Strategy in respect of the administrative area in which it is situated. The Anti Social unit has drawn up a draft strategy in conjunction with a sub committee of the Housing SPC and it is proposed to submit it to the Housing SPC for discussion / approval at its next meeting. The Anti social Behavioural strategy shall have as its principal objectives (1) the prevention and reduction of anti social behaviour, (2) the co-ordination of services within the housing authority directed at dealing with, or preventing or reducing, anti social behaviour, (3) the promotion of co-operation with other persons including the Gardai Siochana in order to avoid duplication of activities by the Housing authority and such other persons in the performance of those functions and (4) the promotion of good estate management.
Vetting/Validation of Housing applicants
In the interest of achieving good estate management, and in accordance with the provisions of the Housing Miscellaneous Provisions Act l997, applications under Section l4 and l5 of the Act are made to the Gardai in respect of each housing applicant so as to ensure the applicant is not currently known to the Gardai, and is not likely to engage in anti social activity to the detriment of existing and emerging communities.
Pre-Tenancy Training
The format/content of pre-tenancy training which is mandatory for all new tenants has also been revised as part of the overall review of the Estate Management function. The Council recognizes new challenges that have emerged in recent years due in part to the numbers of new Irish who are being housed and the language and communication difficulties which have to be addressed so as to ensure the integration of these families into their community from the outset. While the pre-tenancy training will be fully utilized to convey relevant information to our new tenants in relation to the charter of tenant’s rights and responsibilities, the focus will be on fostering and nurturing community spirit amongst the occupants of new developments with a view to creating ownership from the outset and staving off future incidence of anti social behaviour. The training session will be supported by a presentation from the ‘Connect-me’ which will provide valuable links and information to the local community in relation to local social and physical infrastructure. Pre-tenancy training is supported at cross-departmental level within the Council with individual stakeholders such as Health Services Executive (local Public Health Nurse), Department of Education (School Liaison Officer) and the local Community Gardaí also represented.
It is further proposed to supplement pre-tenancy training with follow up visits to new tenants to ensure that they are integrating successfully into their new environment – where special interventions are identified, e.g. support services such as social workers, welfare officers, tenancy support officers or Family Functional Therapy, these will be put in place. An information and Q and A session as mentioned above is proposed for new tenants in an area 6/8 weeks after occupancy of their new home to deal with specific problems and again with the aid of other agencies.
Liaison Committee Meetings
There are currently 3 such committees in place in the County McUilliam and Daletree in Tallaght and Balgaddy, Clondalkin.
The purpose of these meetings is to bring together all the service providers in order to ensure a focused and integrated service delivery. Regular meetings are held and policies advanced.
Family Support System
This service is targeted at families who are at risk of losing their tenancies because of anti-social behaviour. The Council's Welfare Team develops a preventative plan to create conditions for the sustainment of the tenancy and to protect the community in which the tenant lives from anti social behaviour. This plan is developed in consultation with the family support agencies, to ensure support services are bound together in a complimentary and integrated way. Families participating in this welfare plan are required to sign a Behavioural Contract Agreement requiring them to adhere to the terms and conditions of the plan. Breach of the Behavioural Contract can result in loss of their tenancy – approx. 33 families countywide are actively engaging with this support service.
Family Functional Therapy
This pilot project was introduced by the Clondalkin Partnership and the Council has nomination rights for 40 families. This system was developed by James Alexander in Holland. It is aimed at children between the ages of 11 and 17. The programme functions as both a preventative and intervention mechanism and as such has the capacity to address both those at risk of developing problem behaviour and those experiencing behaviour difficulties at the present time. This therapy has now been extended to the Tallaght Area and 84 families county wide are now participating in the scheme having been nominated by several agencies including the Council, Dept of Education and Science and community workers.
Housing Clinics
Weekly Housing Clinics are hosted by the Council's Housing Estate Management Team throughout the county at the following locations:
| Clinic Name | Address of Clinic | Days Held | Time of Clinic |
| Mary Mercer | Mary Mercer, Jobstown | Every Thurs | 11am – 12 noon |
| Glenshane/Rossfield | 12 Brookfield Court | Every Fri | 11am – 12 noon |
| Killinarden | Killinarden Community Centre | Every Fri | 11am – 12 noon |
| Fettercairn | Fettercairn Community Centre | Every Wed | 10.45am – 11.45am |
| Clondalkin | Civic Offices, Clondalkin | Every Thurs | 10 am – 11am |
| Ronanstown | Ronanstown CYC | Every Tues | 11.30am – 1pm |
Members of the public are actively encouraged to attend these clinics for purpose of discussing housing related business including incidents of anti social behaviour. Where such incidents are reported they are treated with utmost confidentiality. The Clinics are attended by the local Community Garda.
Enforcement Projects
These projects have been carried out in a number of estates throughout the County due to the high volume of complaints received from residents. Cross departmental teams were formed to focus the Council’s responsibility and enforcement powers on various estates. A number of the issues related to lack of children’s play facilities and the need for traffic calming. A number of residents expressed an interest in becoming involved in the running of their estate and also expressed an interest in receiving further training. Residents groups have been set up and it is generally accepted that the enforcement initiatives resulted in an improvement to the quality of life of the residents concerned.
CCTV
As a result of major anti-social activity and illegal dumping at a number of estates throughout the County it was considered necessary to install security cameras as a means of monitoring and identifying the persons involved in any further illegal activity. These cameras are sometimes monitored 24 hours per day during periods of increased anti social behaviour.
Inter-Agency Meetings
The Allocation Support Unit continues to work closely with other local agencies/groups in an integrated manner to improve service provision to the Council’s tenants. ASU consults with the Gardai, Tallaght Partnership, Probation Services, the HSE, Dublin Bus, Social Welfare, etc.
Mediation Bureau
The Mediation Bureau is a community mediation service for people in conflict. It is an impartial, independent and confidential way of preventing conflict getting worse and restoring good relations. In this regard the work of the Bureau is particularly relevant in the context of tenants’ relationships in Council estates where harassment, threat, intimidation, allegation, noise disturbance, and other anti-social behaviour exists. A representative from the Mediation Bureau attends all Estate Liaison Committee meetings. A number of families have retained their tenancy through this process over the years.
County wide focus
The improvement of the Estate Management service will continue with the development of further county wide strategies / programmes that will ensure consistency of service, improve the coherence of the service and further enhance understanding of what the service is intended to achieve and what residents can expect. These strategies will include an Environmental strategy, Sports Strategy, Arts/Cultural strategy, Residents Training Strategy and Community Development Programmes.
Legal powers available to South Dublin County Council for dealing with anti social behaviour include:
1. Excluding Order - Housing (Miscellanous Provisions Act 1997), Section 3 subsection 2
“a Housing authority may, in respect of a house provided by the authority under the Housing Acts, 1966 to 1997, apply to the District Court for an excluding order against a respondent whom the authority believes to be engaging in anti social behaviour where the authority
(a) having consulted the tenant and the health board in whose functional area the house is situate, believe that a tenant may be deterred or prevented by violence, threat or fear from pursuing an application for an excluding order, and
(b) consider that, in the interest of good estate management, it is appropriate, in all circumstances, to apply for the excluding order.”
2. Garda Checks - Secton l4 and l5 Housing Miscellaneous Provisions Act l997
3. Deferral of Housing application - Part 2, No 14, applications rules and general procedures
Link to Scheme of Letting Priorities -
4. Refusal to dispose of a Council House under Sales Scheme - S 90 Housing Act l966
5.Illegal Occupiers - Section 20 Housing (Miscellaneous) Provisions Act l997,Section 1 a
6. Notice to Quit - Section 62 of the Housing Act, 1966, (as amended) and the Housing (Miscellaneous Provisions) Act, 1997.
S62 (1) in case
“(a) there is no tenancy in –
(1) a dwelling provided by a housing authority under this act,
(11) any building or part of a building of which the authority are the owner and which is required by them for the purposes of this act, or
(111) a dwelling of which the National Building Agency Limited is the owner,
Whether by reason of the termination of a tenancy or otherwise, and
(b) there is an occupier of the dwelling or building or any part thereof who neglects or refuses to deliver up possession of the dwelling or part thereof on a demand being made therefore by the authority or Agency, as the case may be, and
(c) there is a statement in the demand of the intention of the authority or Agency to make application under this subsection in the event of the requirements of the demand not being complied with.
The authority or Agency may (without prejudice to any other method of recovering possession) apply to the justice of the District Court having jurisdiction in the district court district in which the dwelling or building is situate for the issue of a warrant under this section.”
Link to 1966 Housing act
http://www.irishstatutebook.ie/1966/en/act/pub/0021/index.html
Link to 1997 Housing Miscellanous Provisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
Link to 2008 Housing Miscellanous Provisions Bill
http://www.environ.ie/en/Legislation/DevelopmentandHousing/Housing/FileDownLoad,17932,en.pdf