COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

south dublin county council crest

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 08, 2010

HEADED ITEM NO. 11 (i)

HEADED ITEM: Housing Department

ANTI-SOCIAL  BEHAVIOUR STRATEGY

REPORTThe Housing (Miscellaneous Provisions) Act 2009 has been commenced and it now requires each Housing Authority to draw up and adopt An Anti Social Behaviour Strategy in respect of

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:

The new Strategy will have the following mission statement

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

It also includes the following policy statement

South Dublin County Council recognises that anti social behaviour can have a very significant adverse effect on the quality of life of its tenants and on their communities.  It also recognizes that the majority of householders are law abiding and that a very small number engage in unacceptable behaviour. 

The Council realizes that it has a duty of care to all its tenants to promote the peaceful occupation and enjoyment of their dwellings. It is therefore the policy that anti social behaviour will not be tolerated and the Council undertakes to work in partnership with its tenants and various other stakeholders to take proactive steps to prevent and eliminate such behaviour.  

Introduction:

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

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

South Dublin County Council is committed to the prevention and elimination of anti social behaviour in its estates.  The Council is acutely aware of the detrimental effects which this type of behaviour can have on the lives of both tenants and homeowners and the communities of which they live.

Since 1998 the Council has maintained a number of Anti social behaviour response teams.

 The Council, as a public Housing Authority, has a responsibility to all of its tenants, whether they are victims or perpetrators of anti social behaviour.  The Council must attempt to strike a balance between the rights of the victim (to live without having to endure the anti social behaviour of others on the one hand), with the rights of the perpetrator to a fair hearing, to the opportunity to redeem themselves through changing their behaviour and most significantly to their right to public housing, on the other.

The Council is also committed to supporting tenants and members of their families who lapse in their behaviour as citizens.  A system of escalating actions will be utilized as part of an enforcement regime geared towards eradicating unacceptable behaviour or alternatively to removing errant tenants or subtenants from our communities.  It should be noted however that while the Council is usually prepared to give such persons every chance to mend their ways, cases will arise where the Council will seek to remove tenants in the interest of protecting other members of the community. 

Following an extensive consultation process a formal anti social behaviour policy was adopted in February 2005.  The spirit of that policy was aimed at achieving a balance between the conflicting rights referred to above through the implementation of programmes and projects that where designed with the principles of Prevention, Enforcement, Support and Rehabilitation as a guide. Since then a dual approach has been developed io dealing with individual cases consisting of

 ·                    A more clearly defined enforcement / legal process that is designed to enable efficient and effective responses by the Council in cases where enforcement is the only option and

 ·                    A well developed and focused Welfare / Support Services where perpetrators are offered the opportunity to work with the Council and other agencies to vindicate their own rights through the use of Acceptable Behavioural Agreements, Family support services and welfare action plans.

 Where co-operation is obtained through these welfare arrangements an anti social tenant can avoid legal action and ultimately eviction but where co-operation is not forthcoming the Council priortises the rights of the victim by seeking the eviction of the problem tenant.

 One of the priorities of the Council’s Estate Management function is the creation of strong, settled communities within the Local Authority Estates throughout the County.  We endeavour to ensurethat functioning communities can develop through the creation of asense that tenants will not have to endure the type of behaviour that is destructive of a properly functioning society.

 There remains a constant reluctance on the Council’s part to transfer either victim or perpetrator of anti social behaviour in case others may be subjected to the unacceptable behaviour and resulting in houses being vacated around the anti social family and allowing “sink estates” to develop.

The Strategic proposals outlined in the document are dealt with under the following headings

Submissions on the draft strategy were received from the following organisations:

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

http://www.oireachtas.ie/documents/bills28/acts/2009/a2209.pdf

It is recommended that this Council hereby resolves to adopt the SOUTH DUBLIN COUNTY COUNCIL ANTI SOCIAL BEHAVIOUR STRATEGY 2010 - 2014 in accordance with the provisions of Section 35 of the Housing (Miscellaneous Provisions) Act 2009