COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL
MEETING OF RATHFARNHAM AREA COMMITTEE
Tuesday, January 12, 2010
QUESTION NO. 2
QUESTION: Councillor J. Lahart
"To ask the Manager for an update on anti-social behaviour activities and the measures taken to combat same in local Authority dwellings in Rathfarnham?"
REPLY:
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 the Elected Members in 2005. The Council investigates every complaint in a fair, impartial and objective way.
Anti Social Policy document
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 6,688 actions Countywide were taken by SDCC in relation to the reported 1,142 anti-social incidents in 2009. Of these 177 actions were taken in response to 73 incidents of anti social behaviour in the Rathfarnham area in 2009.
The following table outlines the incidents, actions and number of complaints received by the Anti Social Unit for the Rathfarnham area for 2009.
| Incidents | Jan – Dec 2009 |
| Priority 1 | |
| Drugs Activity | 0 |
| Criminal Activity | 3 |
| Joyriding | 1 |
| Violence/intimidation/ harassment | 21 |
| Priority 2 | |
| Squatters/illegal occupiers | 4 |
| Vandalism | 4 |
| Physical condition of property | 1 |
| Racism | 3 |
| Vacant House | 2 |
| Neighbour Dispute | 1 |
| Priority 3 | |
| Noise/disturbance | 20 |
| Pets/animal nuisance | 0 |
| Children Nuisance | 13 |
| Total Incidents | 73 |
| Total Complaints | 85 |
| Actions | |
| Housecall | 62 |
| House Inspections | 2 |
| Formal Office Interviews | 15 |
| Phone interviews complainant/tenant | 47 |
| Referred to HWO | 0 |
| Referred to EHO | 0 |
| Referred to Family Support | 1 |
| Referred to Mediation | 0 |
| Garda Consultation | 5 |
| Other SDCC section consulted | 15 |
| Health Services Consultation | 3 |
| Case Conference - Multi Agency | 0 |
| Case Conference - Internal | 0 |
| Verbal Warning given | 2 |
| Warning Letter issued (final) | 1 |
| Abandonment Notice Served | 0 |
| Pre-emptive Surrender | 0 |
| Notice to Quit Served | 1 |
| Demand for Possession Served | 0 |
| Excluding Order sought by Tenant | 0 |
| House Surrendered | 3 |
| Sitexed House | 0 |
| Traveller Support worker visit | 7 |
| Letter for interview | 11 |
| File reopened | 2 |
| Total Actions | 177 |
The Legal powers available to the 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.”
Link to 1997 Housing MiscellanousProvisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
2. Garda Checks - Secton l4 and l5 Housing Miscellaneous Provisions Act l997
Link to 1997 Housing Miscellanous Provisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
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
Link to 1966 Housing act
http://www.irishstatutebook.ie/1966/en/act/pub/0021/index.html
5.Illegal Occupiers - Section 20 Housing (Miscellaneous) Provisions Act l997,Section 1 a
Link to 1997 Housing Miscellanous Provisions Act
http://www.irishstatutebook.ie/1997/en/act/pub/0021/index.html
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