COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF HOUSING AND SOCIAL SPC

Thursday, February 18, 2010

HEADED ITEM NO. 5

Anti-Social Behaviour Strategy

REPORT: 

The Housing (Miscellaneous Provisions) Act 2009 requires each Housing Authority to draw up and adopt An Anti Social Behaviour Strategy in respect of

• Dwellings let by the Housing Authority to tenants under the Housing Acts 1966 to 2009
• Dwellings in which relevant purchasers reside
• Sites for the Accommodation of Travellers
• Dwellings covered by the Rental Accommodation Scheme
• Dwellings owned and provided by Housing Associations

The significant anti-social behaviour provisions in the 2009 Act came into operation on 1 December 2009, as provided for in the Housing (Miscellaneous Provisions) Act 2009 (Commencement) Order, 2009 (S.I. No. 449 of 2009) primarily:

• Section 35 of the Act, requires the elected members of each housing authority to draw up and adopt an anti-social behaviour strategy within one year of the commencement of the section, that is to say, by 30 November 2010. The strategy must set out measures to promote good estate management and co-operation with other bodies, such as the Gardaí, that have a role to play in combatting anti-social behaviour

•  Items 1(a) and 5 of Part 5 of Schedule 2, amending the Housing (Miscellaneous Provisions) Act 1997, to extend the definition of "anti-social behaviour" to cover graffiti and damage to property, and to apply existing anti-social behaviour provisions, including the power to exchange information about housing applicants or beneficiaries engaged in anti-social behaviour, to a broader range of social accommodation, including accommodation provided through rental arrangements.

Before the startegy can be adopted the Council must consult with a range of  bodies including the joint Policing Committee, The Garda Siochana, the HSE and any other person considered appropraite by the Council.. A good deal of preparatory work has been undertaken in the drawing up of a draft strategy http://intranet/cmas/documentsview.aspx?id=22582  by a sub committee of the last Housing and Social SPC.  The strategy will apply to those parts of its administrative area where the authority has: -

(a) dwellings let under the Housing Acts 1966 to 2009;

(b) dwellings that are the subject of Chapter 4 tenancy agreements [RAS]¹;

(c) dwellings in which relevant purchasers live; and

(d) sites for travellers (site in this context is defined in the Housing (Miscellaneous Provisions) Act 1997, as amended).

Set out below is the link to the new legislation for information

http://www.environ.ie/en/DevelopmentandHousing/Housing/RHLegislation/FileDownLoad,21568,en.pdf

The draft strategy contains a good start at a blueprint for how the Council will deal with Anti Social Behaviour in the future in a multi-faceted way.  The valuable working relationships which have been cultivated with the Gardaí and the HSE will be utilised to the full so as to deal effectively with the serious cases which the Council is presented with.  Experience has shown that a multi agency approach produces the most positive outcomes when dealing with complicated cases where anti social behaviour is often a symptom of underlying dysfunctionality within families.  All too often the obvious solution of eviction may not be the best solution in the interest of all family members.

The first step in the coordinated and collaborative approach to serious anti social incidents, which is being implemented, involves ensuring that all sections and departments of the Council are fully involved and engaged in finding solutions to the numerous problem cases which arise annually.

It should also be noted however that the Council is now adopting a very tough attitude to tenants or sub-tenants who show unwillingness to engage in a meaningful way with it or other agencies incorporating a regime of warnings whereby a Verbal Warning will be followed by a Written Warning and subsequently Notice to Quit and proceedings in the Civil Courts if initial responses are not considered adequate and genuine.

It should be noted that as the responsibillity for the receprion and placement of homless now rests fully with the all 4 Dublin Councils it will be necessary to bring forward strategies which will be broadly similar and complimentary in this area. 

To assist the Coucncil in drawing up the ASB Strategy it is now recommended that any member wishing to consider suggestions to the draft policy / strategy may meet in person with Billy Coman Director Services and Hugh Hogan Senior Executive Officer and we would encourage members of the Housing SPC to do so to assist in the formulation of the new Strategy.