COMHAIRLE CONTAE ÁTHA CLIATH THEAS
SOUTH DUBLIN COUNTY COUNCIL

MEETING OF SOUTH DUBLIN COUNTY COUNCIL

Monday, November 08, 2010

HEADED ITEM NO.  H.11

HEADED ITEM: Housing Department

SOUTH DUBLIN COUNTY COUNCIL

ANTI-SOCIAL  BEHAVIOUR STRATEGY

2010 -2014

Contents

1. 1.  Mission Statement/Policy Statement
2. 2.  Introduction
3. 3.  Objectives
4. 4.  Action Plan
5. 5. Definition of Anti Social Behaviour
6. 6. Principles
7. 7. Policy
8. 8. Dealing with complaints
9. 9. Strategic Proposals
10. 10. Preventing Anti Social Behaviour
11. 11. Readmission of households to the waiting list
12. 12. Rights of Tenants
13. 13. Responsibilities of Tenants
14. 14. Health and Safety of Staff
15. 15. Appendix (Legislative background)

Mission Statement

The Anti Social Behaviour section’s mission statement 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”.

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. 

This policy will be implemented through the operation of the new strategy, the Council’s Scheme of Letting Priorities, the Homeless Action Plan and the Traveller Accommodation Programme.

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

• 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 which are the subject of long term leasing by the Council

The significant anti-social behaviour provisions in the 2009 Act came into operation on 1^st  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 combating 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.

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 in 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.

3 Objectives

The principle objectives of the Anti Social Strategy are the following:

• The prevention and reduction of anti social behaviour.
• The co-ordination of services to deal with anti social behaviour.
• The continuation of a multi agency approach to dealing with anti social behaviour.
• The promotion of good Estate Management.
• The maintenance of the anti social database and the measurement of performance indicators to measure the effectiveness of the response systems.

4 Action Plan:

The objectives outlined above will be achieved by implementing the following action plan.

v The Anti Social Response Unit

This unit will continue to be deployed and will be supported by administrative staff and the Council’s Law Department.  These staff will investigate complaints and will receive ongoing training to ensure that best practice is followed at all times.

v     Traveller Accommodation Unit

The Council will retain the services of a dedicated unit to deal with the Management and control of halting sites and to deal with anti social issues that may arise.  This unit will build meaningful relationships with the traveling community and will mediate disputes where possible.

v     Response times.

Every complaint of anti social behaviour received by the Council will be investigated within one week.

v     Relationship building

Established links with agencies such as the Gardai, the Health Service Executive, the Probation service, the Childhood Development Initiative, the Traveller support groups, Drug addiction support services, Youth Services, Homeless Agencies, Community Groups, Schools etc. will be developed and nutured for the benefit of the Community.

v     Housing Welfare Service

The Council will retain this service so as to sustain as many tenancies as possible and to provide advocacy for tenants who require such support. The Housing Welfare Service will link in with other social services and will represent the Council at case conferences for mutli agency intervention is required.

In implementing the strategy the Council will seek also to be consistent in its operation with the Homeless Action Plan for the South Dublin area and the National Homeless Strategy.

v     Homelessness

In 2007, the board of the Homeless Agency Partnership adopted a statement of direction for emergency and transitional housing and support services called PATHWAYS TO HOME. This document identified the need to put in place a model of housing and related care services that support and maintain successful tenancies. 

Each of the Dublin Local Authorities is now responsible for dealing with homelessness in its own administrative area. Changes to the way in which homeless services are configured will ensure that households achieve a seamless and timely exit from homelessness but in the first instance the Council will explore all avenues including intensive tenancy sustainment efforts to ensure that homelessness occurs in the absolute minimum number of instances.

The new regime requires the Local Authority to be cognizant of its responsibilities to all homeless persons including thosewho have been evicted for anti social behaviour or for non payment of rent.

v     Community Services Department

We will draw on the resources of the Community department to promote Community development as a counter to conditions where anti social behaviour can flourish.  Responses to anti social behaviour will be addressed in the context of community safety at all times.  Use of Council facilities and participation in pro-social initiatives will be promoted. 

Information about all the community facilities which are available in the South Dublin Area maybe obtained by accessing the following link.  www.southdublin.ie

v     Garda liaison

- Garda Policing Plans

It is proposed to furnish the Gardaí with information regarding trends in Anti Social Behaviour to assist them in the preparation of their Annual Policing Plans. 

- Garda Checks

The Council will continue to utilize the extensive powers granted to it under Section 15 of the Housing (Miscellanous Provisions) Act 1997 whereby information may be obtained from the Gardai and other agencies about the suitability of housing applicants, applicants for transfers to alternative accommodation, applicants for inclusion on the rent accounts of existing tenants and applicants seeking to purchase local authority dwellings.

- Excluding orders

A mechanism will be put in place to ensure that the Gardaí are notified of the granting of excluding orders against occupants of Council dwellings through the various Garda District Offices.

- Garda Diversion Programme

The Council recognises such initiatives as the Garda Diversion Programme and the system of Restorative Justice as a means of redressing the detrimental effects of anti social behaviour on communities.

- Minors

The Strategy recognizes the particular difficulties which arise regarding anti social behaviour by minors and especially those surrounding the fact that children under 12 years can no longer be held criminally liable for their actions.  The Council will therefore use its influence with the Health Services Executive to bring pressure to bear on parents whose children are identified as responsible for Anti Social Behaviour  activities.  Where possible both troublesome children and their parents will be interviewed together so that the threat of sanctions will be clearly understood by both parties.

-         Weekly Housing Clinics

The Council will continue to actively participate in the weekly housing clinics and which are also attended by the Community Gardai.  The operation of the clinics will be advertised at every available opportunity so that as many members of the general public as possible may avail of this confidential means of bringing information to the attention of the Council and the Gardai.

v     Estate Management

The Council will use all sources of local knowledge to inform of its Estate Management activities so that persons are housed and transferred to appropriate properties in the interest of good estate management.

 

v     Social Inclusion and Pro-social Initiatives

The Housing Department will work closely with its staff and with other agencies whose task it is to promote Social Inclusion throughout the County with the aim of countering all types of racist abuse and to foster social integration between the many nationalities who are now resident in South Dublin.

The Council’s is committed to the continued provision of pro social measures to prevent and ameliorate the effects of Anti Social Behaviour in the various communities that comprise South Dublin County.  The various clinics held around the County which are facilitated jointly by Council staff and Gardaí, the specially dedicated allocations support staff, the Council’s Welfare Service, the community safety fora and the various services provided at Community Centres around the County all contribute in this regard.  Major investments have been made by the Council and other state agencies in supporting communities affected by various forms of deprivation through many schemes including the RAPID Programme.

The Council’s Community Department have facilitated such activities as

 

The Late Night League Programme:

 

A programme funded and facilitated by South Dublin County Council in association with the FAI and the Gardai.  The programme targets Youth involved in or at risk of becoming involved in anti social behaviour. 

 

European Week against Racism

 

Integration is one of the most important challenges faced by South Dublin County Council over the next few years.One of the main objectives of the Council will be to facilitate initiatives to promote integration in the county and it is one of the reasons why we organised the soccer blitz. The soccer blitz was about having fun whilst being conscious of the need to promote cultural integration and social inclusion through sport. It was about participation together!  As part of the programme a 90 minute anti racism work shop was delivered to all schools involved. The aim of the workshop was to highlight issues around the area of racism in sport and to raise awareness on this important issue. The workshop was delivered prior to the tournament by the Football in the Community Development Officer.

 

Golf Programme

 

The programme is done in partnership with the Social Inclusion Unit.  The aim of the Golf Programme is “to promote integration of young children through the sport of golf by providing learning facilities and educational programs that promote personal skills development". The programme is funded by the Office of the Minister for Integration.

 

Fettercairn Youth Horse Project – Equestrian Integration Programme in partnership with Social Inclusion Unit.

 

The objectives of the Integration Programme are:

• To facilitate the integration of Irish children with children from the New Communities through equine related activities
• To use equine related activities asa source of creativity, innovation, behavioural development and self expression
• To promote the participation of New Communities and Irish Communities in a programme they would not otherwise have the opportunity to avail of due to the cost element
• To promote positive integration and inclusion in such a way as to eliminate social exclusion and discrimination

v     Tallaght West Childhood Development Initiative

The Council’s Estate Management Section are already working with TWCDI on two programs namely

·        The Community Safety Initiative and

·        The Safe and Secure Initiative at MacUilliam Estate in West Tallaght

 v    South Dublin County Childrens Services Committee

Multi agency committee working towards services to children and using sub structures to achieve better and more efficient engagement and outcomes.  The aim is to foster a commitment to integrated service design and provision by all organisations working with children and families in the South Dublin County.

Work is also started on the development of a toolkit which allows an organisation to measure and evaluate its actions around Community involvement.  The initiative is designed to facilitate public sector organisations to engage to a far greater extent with local communities, service users and families in shaping and monitoring of services. 

 

     Local Policing Fora

Three local Policing Fora have been set up by the South Dublin Joint Policing Committee.  The fora will facilitate public meetings to discuss relevant issues from the respective areas they cover.  These meetings are held regularly in Tallaght and Clondalkin and bring together the various parties charged with responsibility for public order matters. The Council is committed to active participation in the fora as a means of furthering safer communities.

The Council is also represented on and actively involved in Community Safety Fora and these will be developed and expanded, where possible, to encourage mechanisms whereby confidentiality / anonymity might be provided to residents bringing forward information about Estate Management issues.

v     Dublin Bus Forum

The Council will continue its active participation in this forum with the ultimate aim of ensuring that no disruptions occur to this vital public transport service. Preventative measures will be taken as necessary to prevent such activities. The Council will also participate in a similar type structure if such is formed to ensure continuity of the LUAS service.

 

5              Definition of Anti-Social Behaviour

Housing (Miscellaneous Provisions) Act 1997 (as amended by S.197 Residential Tenancies Act 2004)

 

Section 1 of this Act defines Anti-social behaviour as either or both of the following: (as amended by the Housing Miscellanous Provisions Act 2009)

(a)               the manufacture, production, preparation, importation, exportation,

sale, supply, possession for the purposes of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts, 1977 and 1984),

(b)              any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, alarm, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000, or a housing estate in which the house is situate and without prejudice to the foregoing includes

(i)                             violence, threats, intimidation, coercion, harassment or serious obstruction of any person.

(ii)                           Behaviour which causes any significant or persistent impairment of a person’s use or enjoyment of his or her home, or

(iii)                        Damage to or defacement by writing or other marks of any property, including a person’s home. 

For the purposes of defining and monitoring different types of anti-social behaviour, South Dublin County Council will use the following categories;

Category A - The manufacture, production, preparation, importation, exportation, sale, supply, possession for the purposes of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts, 1977 and 1984)

Category B - Any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts 1966 to 2002, or a housing estate in which the house is situate and without prejudice to the foregoing includes violence, threats, intimidation, coercion, harassment or serious obstruction of any person.

Category C – breaches of those terms within the tenancy agreement that do not fall within Category A and B above

Within each of these three categories, priority will be allocated on the basis of seriousness and impact of the particular incidents. The following are indicative but not exhaustive of the types of behaviour under each Category;

Category A

·        Drug activity as per legal definition

Category B

·        Non drug related criminal activity

·        Joyriding

·        Violence/Harassment/Intimidation

·        Racism

·        Vandalism

·        Selling Alcohol                                      

Category C

·        Squatters/illegal Occupiers

·        Noise/Disturbance

·        Children Nuisance

·        Pet/Animal Nuisance

·        Physical Condition of Property

·        Graffiti

·        Property damage

While particular incidents can fall within both anti-social and criminal classifications it is important to state that the Local Authority’s role is to pursue incidents through anti-social mechanisms and the Garda Siochana‘s role to pursue incidents through criminal justice mechanisms.

 

6      Principles

There is a number of principles that South Dublin County Council will abide by in the implementation of this policy. These are;

·        All cases will be dealt with in accordance with fair procedures

·        Confidentiality is ensured for both the accused and complainant

·        The Council will work in partnership with all relevant stakeholders particularly where the relevant response extends beyond the remit of the Councils authority

·        The Council will take a holistic approach to the issue

·        The Council will act within the framework set out in legislation

 

7      Policy

Recognising that anti-social behaviour is a multi-faceted and complex issue, South Dublin County Council will adopt a four-strand approach to tackling such behaviour.

1.      Prevention

The council recognises that it has a significant role to play in dealing with the sources of anti social behaviour. The council aims to take a proactive approach in developing strategies that tackle these sources. This approach will be coupled with co-ordination, partnership and multi agency approaches that facilitate access to necessary services that will deal with the problem. In addition, the council further aims to promote the role of positive community development and activity in achieving these objectives.

It is the policy of South Dublin County Council to;

·        encourage greater tenant participation in estates in order to build positive community spirit

·        develop linkages and integrated approaches both within the local authority and with other agencies to create a more cohesive, coherent and effective approach to Estate Management

·        work in partnership with other agencies and associations in the pursuit of community development strategies, education initiatives and projects aimed at minimising anti-social behaviour and developing the communities resident in local authority estates

·        work in tandem with agencies and organisations to encourage and promote youth development within the area

·        publicise and disseminate information on the anti-social policy as widely as possible in order to create greater awareness of options available

·        take a pro-active approach in raising awareness generally of the problem of anti-social behaviour and its effects on communities and individuals

·        to develop mechanisms for the measurement of anti-social safety in, and its impact on neighbourhoods and to continually monitor progress in dealing with negative behaviour.

 

 

2.      Enforcement

While dealing with the root causes of anti social behaviour, the council also recognises the need to deal effectively with incidents of anti social behaviour where they occur. The Council recognises that this is critical to the development and sustaining of trust and relationship building with individual tenants and the wider community, a key factor in the effective implementation of this policy. In addition, the Council must be seen to be willing to enforce so that it will be taken seriously on the issue of enforcement.

It is the policy of South Dublin County Council to;

·        enforce legislation as required

·        inform tenants of their rights and responsibilities in regard to incidents of anti-social behaviour

·        develop linkages and integration both within the local authority and with other agencies to create a more cohesive, coherent and effective approach to enforcement of all local authority responsibilities (for example dumping, rent arrears, dog licences, pollution etc.)

·        adopt a multi-agency approach ensuring closer relations with the Garda Siochana, other agencies and sharing information in dealing with anti-social behaviour cases.

·        make decisions on individual cases on the basis of thorough and fully informed investigations.

·        establish and publicise clear timescales and procedures in relation to the enforcement process.

·        provide regular progress reports on the enforcement function to the Elected Members and community.

3. Support

Recognising the need to provide adequate support to both accused and complainant, the Council aims to work in partnership with service providers to facilitate access to essential services that may be required during the development of different strategies but particularly during the enforcement process.

It is the policy of South Dublin County Council to;

·        protect the rights of both the accused and complainant at all times

·        provide feedback on progress of individual cases to the parties directly involved

·        provide information to the parties directly involved on options and services that can be availed of, such as mediation, counselling services etc. recognising that if the offered support is not actively engaged with, the enforcement option will be pursued.

·        further develop links with relevant agencies to facilitate access to such social supports as may be necessary

4. Rehabilitation

The council recognises that anti social behaviour can cause significant damage within communities and aims to prioritise that rehabilitation of such damage. In addition, the council recognises that perpetrators of anti-social behaviour have needs in relation to rehabilitation and reintegration with their communities in order that they can avail of opportunities to reform and progress their lives.

It is the policy of South Dublin County Council to;

·        work with relevant agencies to achieve the successful rehabilitation and reintegration of perpetrators where appropriate

·        work in partnership with communities who have been negatively affected by serious anti-social behaviour in order to rebuild community spirit

 

8      Dealing with complaints

All complaints relating to anti-social activity and breaches of Tenancy Agreements will be dealt with in a confidential manner. The Council will investigate every complaint in a fair, impartial and objective way.

The Councils authority to deal with anti-social behaviour is principally derived from the following Acts;

·        Housing Act 1966 (as amended)

·        Housing (Miscellaneous Provisions) Act 1997

·        The Residential Tenancies Act 2004

·        Housing Miscellaneous Provisions Act 2009

In summary the powers available to the Council are as follows;

·        Excluding Order – where a tenant wishes to have another occupier who is engaged in anti-social behaviour excluded from the dwelling. The Local Authority may also make the application.

·        Refusal or deferral of housing applicants for accommodation on the grounds of good estate management and in accordance with the Councils Scheme of Letting Priorities.

·        Refusal to sell a dwelling under the Tenant Purchase Scheme on grounds of good estate management

·        Removal by the Garda Siochana of persons engaged in anti-social behaviour that are in occupation of dwellings in the absence of a tenant

·        Notice to Quit - Eviction of whole household

In dealing with any individual case, the Council will use the appropriate power and will devise a system of warning letters to be used as appropriate.

All Tenants and occupiers of a council rented dwelling involved in drug related activities will be interviewed and appropriate action taken. In cases of drug convictions, the Council will issue a Notice to Quit without issuing any warning letters.

In dealing with complaints, the Council will;

• respond to all complaints within 5 working days (serious cases prioritised)
• initiate an investigation into all complaints within 10 working days

Staff

The County Council will do all in its power and remit to ensure that matters can be dealt with in as efficient and effective a manner as possible.

South Dublin County Council will not tolerate any assaults, threats, intimidation, obstruction, harassment or interference with its employees who are involved in the implementation of this policy. South Dublin County Council will at all times prioritise the safety of staff and will pursue any incidents of threats, intimidation or violence to the full extent of relevant legislation.

Council staff will continue to receive extensive training in all matters that will aid them in the conduct of their duties.

 

Customer Service

The approach to customer service will be consistent with the approach set out in the Corporate Plan and Customer Action Plan.

Implementation

This policy will be implemented through the development of an action plan for the Estate Management Section.

Procedures will be reviewed and clearly set out in order that the objectives of this policy are achieved through the day-to-day processes and practices of the staff.

Monitoring

A system of performance measures will be developed that will give a clear indication of progress on implementation.

Performance indicators will be used to report on levels of activity and relative success of the policy.

Regular reports will be submitted for the consideration of Elected Members.

A quality control system will be devised and introduced to ensure the investigation process is objective and conducted in a fair manner.

 

9     STRATEGIC PROPOSALS

 

1. Interagency Approach

 

• The Council’s Anti Social Behaviour Strategy will be developed in cooperation with any other agency which could play a role in preventing, investigating and combating these problems, including the Gardaí the HSE and the local Traveller Accommodation Consultative Committee, resident associations and family support services. 

• Written protocols will be devised for the sharing of information on Anti Social Behaviour with these and other relevant statutory agents and the referral of cases to these agencies when appropriate. 

• Named contacts in these agencies who are responsible for providing information to the council will be identified. 

• Information will be sought and provided in writing and appropriate records will be kept of all information exchanged.

• The bona fides of any person seeking information will be established.

• Where information is in the nature of opinion received from other sources it will not be passed on to other agencies but the agency in question will be referred to the original source of the opinion.

• Information of this type about tenants and applicants for housing will be circulated to the minimum possible number of persons in the Council

• Information obtained under the Housing Acts will be used for Local Authority functions only under the housing acts.

• Multi – agency fora established for the exchange of information and for the coordination of responses to problems in individual estates will be maintained and this means of tackling anti social difficulties will be extended to further suitable estates.

2.     COMMUNICATION

 

• The Council’s policy on preventing and combating anti-social behaviour will be effectively communicated to tenants, staff and public representatives

 

 

3.      GOOD PRACTICE

 

• All staff assigned to the Estate Management function will be based in the Housing Department and more specifically in head office.

• Systems already in place will be refined to ensure effective coordination between the housing department and other relevant departments of the County Council especially those involving legal and community work.

• The potential for preventing and combating Anti Social Behaviour through the design of new accommodation units, the re-design of the existing stock, the planning of maintenance and large scale refurbishment will be key considerations in decisions relating to capital expenditure.

• The dedicated budget from revenue sources for the prevention and combating anti social behaviour will be maintained or expanded as resources permit.

• The council’s statutory powers via the scheme of letting priorities and the tenancy agreement will be utilized to the greatest extent possible in preventing and dealing with anti social behaviour.

• Every opportunity to upskill staff will be availed of particularly those which develop interpersonal skills necessary for the effective interviewing of complainants and alleged perpetrators and liaison with outside agencies involved in this area of work.

• Dedicated staff will continue to be assigned to this area of work including housing welfare and social work staff with appropriate qualifications

 

4.      COMPLAINT MANAGEMENT

• The complaint reporting procedures already in place will be fine tuned to ensure that they are simple, easy to use and accessible to tenants and/or others wishing to bring matters of concern to the council’s attention.

• Complaints will be accepted at head office and at the regional office in Clondalkin.

• Complaints will be accepted by post and over the telephone.

• Complaints will be accepted at the following clinics:

 

List of Anti Social Clinics

 

Clinic Name	Address of Clinic	Days Held	Time of Clinic
Mary Mercer	Mary Mercer, Jobstown	Every Thursday	11am-12noon
Glenshane/Rosfield	12 Brookfield Court	Every Friday	11am -12.noon
Killinarden	Killinarden Community Centre	Every Friday	11am – 12noon
Fettercairn	Fettercairn Community Centre	Every Wednesday	10.45am-11.45am
Ronanstown	Ronanstown Youth Centre	Every Tuesday	11.30am – 1.00pm
Clondalkin	Clondalkin Civic Offices	Every Thursday	10am-11am
Whitechurch	Whitechurch Community Centre	First Thursday of every month	11am -12noon
Mac Uilliam	30 Mac Uilliam Crescent	Every second Wednesday	2.30pm – 4pm

• Complaints will be accepted at freephone 1800 200 245, Customer Care system, main telephone number 01 414 9000 and all clinics detailed above.  

• Complaints will be accepted by any member of the Estate Management team as they carry out their duties in the community.

• All complaints will be treated in the strictest confidence and the source of information received will not be divulged on foot of Freedom Of Information Act requests.

• Anonymous complaints will be accepted but complainants will be encouraged to supply their contact details on the assurance of the confidentiality of the system.  However the Council will take into account rules of fair procedure when investigating such anonymous complaints and enforcement action will only be taken against alleged perpetrators if corroborating evidence is available.

• Comprehensive statistical analysis of complaints and actions taken thereon will be conducted on a quarterly basis and conveyed in a structured report format to the area committees of the Council so that, inter alia, information may be gleamed as to the effectiveness of the resources being channeled into combating anti social behaviour in the community.

• Statistical records will also be used as the basis for recording local performance indicators and efforts will continue to have these upgraded to national indicator status.

• Standarised forms for recording all complaints of  anti social behaviour will be used in the management of the service.

• Incident report forms, witness and impact forms will be made available to any tenant or occupier of a council dwelling who wishes to record ongoing incidents of anti social behaviour for the purpose of establishing the impact such behaviour is having on their quality of life.

Recording and Monitoring

The Council will utilise a computerised system for storing and analysing

all records of complaints regarding anti-social behaviour and of measures taken to combat these activities. This system will be capable of the following:  

• Differentiating between the complainant and alleged perpetrators of antisocial behaviour.

• Differentiating between individuals and households.

• Differentiating between current and former tenants.

• Differentiating anti-social incidents (for instance one fracas which generated a number of complaints) and cases (a number of incidents and complaints associated with a particular individual or household).

• Categorising the type of behaviour involved.

• Recording details of investigations of, and action taken to combat, anti-social behaviour.

• Identifying the current status of each anti-social case.

• Producing a complete history of the complaints regarding anti-social behaviour made by and against individuals and households.

• Producing regular reports on anti-social complaints and incidents for the purposes of monitoring by the local authority.

In addition, the following records will be kept of investigations and action taken to combat anti-social behaviour: 

• Transcripts of complaints regarding anti-social behaviour.

• Minutes of all case conferences held regarding anti-social behaviour, both internally within the local authority and with external agencies.

• Copies of all written correspondence with alleged perpetrators of anti-social behaviour, including letters sent and written agreements negotiated with them concerning their activities and legal notices.

• Minutes of all interviews with alleged perpetrators of anti-social behaviour and with witnesses to these activities, together with attendance records at these interviews.

• Details of any additional evidence gathered such as incident diaries or incident report sheets kept by witnesses to the alleged behaviour and information supplied by the Gardaí or other relevant agencies.

Data Protection

 

In order to give effect to recent recommendations from the Data Protection Commissioner the Council proposes to introduce a protocol whereby details of incidents at Category C will be destroyed after 2 years – if there is no further activity recorded.

For Category A and Category B incidents the Council will destroy documentation after 5 years of no further activity.

With regard to information recorded in relation to minors, records will be destroyed after 6 months of no further activity.

 

 

 

10   PREVENTING AND COMBATING ANTI-SOCIAL BEHAVIOUR

In order to inform the selection of actions and targets to prevent anti-social behaviour, the Council will collate and review the following trends in anti-social incidents and cases on an annual basis:

• Geographical trends in incidents and cases –
• The concentration of anti social behaviour in specific areas or estates
• Seasonal trends in incidents and cases e.g whether activity is more common at specific times of the year
• Whether specific genders or age groups are more commonly involved in unacceptable behaviour
• Whether any social problems or family characteristics are common among alleged perpetrators
• Whether there are characteristics that are common to individuals who make complaints and those who are victims of these activities

Two aspects of the design of accommodation and of estates are particularly useful in the prevention of anti-social behaviour. These are: natural surveillance and defensible space. The latter concept refers to space over which residents feel a sense of ownership and consequently take responsibility for ensuring that it is well maintained and safe. Private space such as the interior of a dwelling and semi-private space such as a walled-in garden is relatively more ‘defensible’; semi-public space such as the grounds of an apartment complex is less easily defensible while public space such as an open roadway is the least defensible of all. Therefore maximising the amount of private and semi-private space in estates will help to prevent anti-social behaviour.

Maximising the potential for natural surveillance over the semi-public and public areas of estates can also thwart these activities. For instance, ensuring that car-parking spaces are over-looked by apartments will deter car crime, while closing up alleyways at the rear of houses will increase the likelihood that everyone who enters will be observed

by neighbours. Staff of the anti-social behaviour service, estate-based housing officers, tenants groups and local Gardaí have often built up considerable knowledge of the role that design plays in facilitating these activities. Therefore they should be consulted regarding proposals for the construction of new, or the refurbishment of existing accommodation.

The Council will ensure that the design of housing and accommodation units helps to prevent anti-social behaviour by maximising the amount of defensible space and the potential for natural surveillance. The exact design features selected to achieve this will depend on local factors such as: the exact nature of the accommodation in question; the physical constraints of the site in question; whether it is a new build or a refurbishment project; the results of strategic monitoring of trends in anti-social incidents and cases and consultation with tenants, staff and representatives of other relevant agencies such as the Gardaí.

 

DESIGN OF DWELLINGS

 

The Council will provide a range of sizes of dwellings to ensure that the estate includes a variety of household types

•  Ensure that entrance points to dwellings are adequately lit.

•  Where possible provide all dwellings including flats and maisonettes with individual access from outside.

• Where common entrances are necessary ensure that as few households as possible share each entrance.

• Where four or more dwellings share a common entrance, control access by lock and key, swipe-card or key code access systems or by other appropriate methods.

• Locate service meters within the private gardens of houses and in the shared common areas of apartments so that they can be subject to surveillance and read without entering the dwelling.

• Avoid blind gables next to public areas and gables not open to surveillance.

• Ensure that external features do not facilitate access to upper floor entry points; for instance drainpipes should not be sited adjacent to windows.

• Fix external doors and window frames securely to the dwelling.

• Ensure that external doors are of robust construction and are designed to reduce risk of break-in, for instance with minimum use of glass panels and fitted with adequate locks and bolts, a door chain and a door viewer.

• Ensure that letter boxes and door locks are a minimum of 400mm apart so that locks cannot be reached by hand or wire.

• Ensure that entrance points to dwellings are overlooked by other dwellings or by well trafficked areas.

• Clearly define front and rear gardens.

• Ensure that back gardens back onto other gardens or secure public areas and not onto roadways or other public areas

• Avoid separate access to the rear of dwellings as far as possible.

• If separate rear access is essential, ensure that access to a number of dwellings is not linked to provide through routes.

• Fit access ways to rear gardens with a full-height gate or door, lockable from inside.

• Close off existing back lanes which serve no useful function and incorporate the space into adjoining gardens.

• Where possible ensure that car parking spaces are overlooked by dwellings or provide off-street, in-curtilage car parking.

• Provide a clearly defined, convenient, properly lit and safe circulation network for pedestrians and cyclists. Where possible this should be overlooked by other dwellings or run beside roads.

• Where this is not possible include short, direct footpaths with intervisible ends.

• Ensure that all public and semi-public areas are overlooked by dwellings.

• Ensure that each element of public space has a clearly defined function and demarcation relative to other public and private spaces.

• Ensure that materials used in public areas and in the boundaries between public and private areas are sufficiently robust to discourage vandalism.

• Minimise the number of access routes to the estate.

• Pay particular attention to security where an estate adjoins open spaces or areas that are difficult to secure such as industrial estates or railway lines.  

• Strategic allocation of tenancies can also play a role in preventing anti-social behaviour.   This can be achieved by means of a ‘sensitive’ allocations policy involving, for instance, not placing individuals who are likely to be victims of anti-social behaviour in areas where such problems are prevalent. In addition, the Housing (Miscellaneous Provisions) Act 1997 enables local authorities to request information on applicants for housing from other local authorities or other specified bodies and to refuse to let or defer the letting of a dwelling to applicants whom it believes are currently or were engaged in anti-social behaviour, where such a letting would not be in the interests of good estate management, or where applicants have not provided the information necessary to assess their application. The Housing (Traveller Accommodation) Act 1988 grants local authorities similar powers to refuse or defer authorisation to occupy a caravan on a local authority halting site.

Applications for Accommodation

The Council has put in place written protocols for requesting

information on the involvement of applicants for accommodation in anti-social behaviour from other local authorities, the Gardaí, health boards, the Criminal Assets Bureau, the Minister for Social and Family Affairs and approved voluntary and co-operative housing providers.

The Tenancy agreement for accommodation contains a clause prohibiting anti-social behaviour. This clause states explicitly the types of behaviour which are prohibited. The Tenant Handbook also has information about this important matter

 

The council will avail of every opportunity to make clear that it is the policy of the local authority to investigate anti-social activities and to take appropriate action to deal with them.

 

That procedures are in place for protecting the welfare of victims and perpetrators of anti-social behaviour

That procedures exist for appeal and review of all actions taken by the local authority to combat anti-social behaviour and for assessing customer satisfaction with the anti-social behaviour service

That procedures for making a complaint about the service are in operation and for addressing customer complaints, including target response times

ESTATE MANAGEMENT

 

The Council believes that the establishment of tenants associations and the involvement of tenants in housing management encourages a sense of community and pride in estates and halting sites which discourages anti-social activity. Tenants associations can also play an active role in preventing anti-social behaviour on estates by helping to ensure that activities of this type are reported to the local authority and the Gardaí, establishing initiatives to prevent these activities from occurring in their area. Therefore, encouraging the development of and liaising with tenants groups is central to a strategic approach to preventing anti-social behaviour. 

 The Council will at all times seek to develop links with existing tenants associations, or with other representative groups for tenants such as Traveller support groups, and encourage and support the development of new associations in areas where tenants do not have a representative body, with a view to involving them in preventing anti-social behaviour.

Regular meetings will be held with resident associations and their input into the design of the local authority’s policy on preventing and combating anti-social behaviour will be sought. Their opinions on the policy and strategy will also be sought and they will be encouraged to report anti-social incidents to the local authority and the Gardaí and to stress the importance of doing so to the other residents of the estate.   Tenants associations and individual tenants will also be consulted regarding the refurbishment and redesign of accommodation to incorporate security and anti-crime features.

In order to achieve best practice in preventing anti-social behaviour, tenants living in areas where these activities are particularly common will be encouraged to liaise with the local community Gardaí on a regular basis and to establish neighbourhood watch and community alert projects.

The Council will seek to strengthen estate-focused management systems in estates where levels of anti-social behaviour are high. This process may involve the following steps:

                                               

·        Designation of individual Allocations Support Officers with responsibility for a specific estate or groups.

·        Re-organisation of clinics to improve accessibility.

·        Facilitate the making of complaints about anti social behaviour on estates.

·         Improvement of relations with local communities.

·        Establishment of additional liaison committees.

·        Development of links with housing associations where mixed tenure estates are involved.

·        Facilitate the setting up of neighbourhood watch or community alert schemes in conjunction with the Gardaí.

·        Provision of recreational facilities for teenagers and children

·        Monitoring of Community CCTV

Working with the Gardaí to set up a neighbourhood watch or community alert scheme – Providing a community hall or a flat, house or prefab as

If monitoring of trends in anti-social incidents and cases reveals that social and community problems are contributing to this activity, the council will endeavour to ensure that appropriate community, social and youth services are put in place, by informing relevant service providers, providing accommodation for relevant community projects in estates, helping community projects to make applications for funding and providing grant aid if resources allow. 

The council acknowledges that even the most sophisticated systems for preventing antisocial behaviour are unlikely to completely eradicate incidents of this type. Therefore efforts will be made to put in place a strategy for addressing these activities when they do occur. In devising such a strategy the council will endeavour to strike a balance between dealing promptly with complaints regarding anti-social behaviour, on the one hand and ensuring that cases are investigated thoroughly and fairly, on the other. Account will be taken of the necessity for measures to protect the welfare and ensure adequate customer care of both  complainants and alleged perpetrators of antisocial behaviour.

Assessing what action to combat anti-social behaviour is required and selecting the type of response appropriate to each case, is a three-stage process. 

Firstly the incident must be categorised on the basis of the type of activity involved. The council has decided that action should be taken in all cases of criminal behaviour and drug dealing, for instance, but that complaints regarding other types of anti-social behaviour, particularly that falling into category C, will only be dealt with if deemed appropriate.   Secondly, the types of activity that do not automatically warrant action maybe examined accordingly to the seriousness of the incident in question. Thirdly, the number of anti-social incidents associated with each case (individual or household) will be examined. In some cases it may be appropriate to take action if an incident is the latest in a long list or wide variety of problems associated with a household or individual.

CASE CONFERENCES

Decisions to further investigate or initiate non-legal or legal action in cases of anti-social behaviour will be approved by a case conference of staff with responsibility for anti-social behaviour including senior housing department staff.

If a complaint is received regarding anti-social behaviour committed by an illegal occupier of local authority rented accommodation immediate action will be taken to evict the perpetrator as a matter of course.

The Housing (Miscellaneous Provisions) Act 1997 makes specific provision for dealing with cases where a local authority dwelling, or any part of it, is occupied by a person other than the tenant or by a person who has failed to vacate the dwelling following the service of a notice to quit and that person is committing anti-social behaviour. The Housing (Traveller Accommodation) Act 1998 applies these provisions to local authority Residential Caravan Parks. Under the terms of these Acts, in these situations the local authority can notify the Gardaí that the occupant of the dwelling or residential caravan park is an illegal occupier and has been engaged in anti-social behaviour, and that in the interests of good estate management it is necessary that this person is required to vacate the dwelling. On the basis of such a notification the Gardaí are empowered to direct the occupant to leave the dwelling or park immediately in a peaceable and orderly manner.

The vast majority of complaints regarding anti-social behaviour will warrant further investigation before they can be properly assessed. A number of techniques can be employed to do this and in some cases more than one method of investigation will be required to accurately assess complaints.

INFORMATION SHARING

The Housing (Miscellaneous Provisions) Act 1997 and the Housing Traveller Accommodation Act 1998 enable local authorities to request information on persons it believes are or have been engaged in anti-social behaviour from other local authorities or from specified bodies including the Gardaí, health boards and the Criminal Assets Bureau.

When seeking this information the council will adhere to the protocols for sharing information on anti-social behaviour with outside agencies.

Whether information is sought from all of these bodies will depend on the nature of the case in question. However, in all cases concerning anti-social behaviour the council will request the following information from local Gardaí:

• whether complaints have been made to them in relation to the individual, household or unit of accommodation concerned.
• Whether a criminal prosecution is pending for any offence connected to the complaint received.
• whether the Gardaí have carried out any searches of the accommodation in question in relation to anti-social behaviour.
• whether the person who is the subject of the complaint has any conviction for activities connected with behaviour described in the complaint.

In some cases it may be necessary to seek additional information from

complainants regarding allegations of anti-social behaviour. This can be done by interviewing the complainant or asking them to keep records of any related incidents of anti-social behaviour.

If the interview method is used local authority staff should broadly adhere to the guidelines for interviewing alleged perpetrators of anti-social behaviour.

The effectiveness of the record keeping method of investigation can be improved by providing complainants with standardised forms for recording each separate antisocial incident and to this end the council will ensure that these forms are similar in format to those used by the council to record complaints regarding anti-social behaviour.

In order to achieve best practice in investigating anti-social behaviour the council will consider seeking additional information from tenants and residents associations based in the areas in which the activities in question allegedly took place. The members of these groups have in-depth local knowledge which means that they can often provide detailed information on anti-social behaviour that could not be easily accessed by other methods of investigation.  However, fair procedure requires that this method of investigation should be used judiciously. Tenants and residents associations that are not fully representative of the community as a whole will not be included in consultations of this type. In addition, in order to protect the anonymity of alleged perpetrators of anti-social behaviour and the personal safety of members of residents and tenants associations, all such consultation will be conducted in general terms, and specific details of anti-social incidents or alleged perpetrators will not be sought.

Once the Council is satisfied that a complaint regarding anti-social behaviour has some basis and that the alleged activity is sufficiently serious to warrant action, it will make contact with the alleged perpetrator and invite him/her to a meeting to discuss the incident in question. Fair procedure requires that all communication and meetings with alleged perpetrators of anti-social behaviour are objective and impartial.  The purpose of this stage of the investigative process is to provide the alleged perpetrators with an opportunity to present their side of the story.

Alleged perpetrators of anti-social behaviour will be written to  and informed that a complaint has been made alleging that they have been involved in anti-social behaviour.

Letters to alleged perpetrators of anti-social behaviour will be clear and easy to follow.

• The letter will specify precisely the allegations which are being made against the tenant or members of the household including dates and of the alleged anti social behaviour, the section of the tenancy agreement and/or section of the Housing Acts 1966 to 2009 which they allegedly breached. Details of the location at which the alleged anti-social behaviour was carried out will also normally be supplied, unless including this information would have implications for the welfare of the complainant.
• The letter will invite them to contact a named official of the local authority, within a specified timescale, for the purposes of arranging a mutually convenient time and place to meet and discuss the allegations. The full contact details of the official in question will be supplied.
• The letter will stress that the complaint is purely an allegation and that the purpose of this meeting is to offer the alleged perpetrator an opportunity to present his/her side of the story. In addition the confidential nature of all meetings of this nature will be emphasised.

If an alleged perpetrator fails to respond to such a letter within the timeframe allowed a reminder letter will issue.  If there is no response to the reminder a further letter will issue by registered post informing the party concerned that the Council is within its rights to seek repossession of the dwelling and that this process will be put in train if there is no response within a period of two weeks.

If the alleged perpetrator of the anti-social behaviour is not the tenant of the accommodation where he/she resides, the Council will inform the tenant that an investigation is being conducted into allegations that anti-social behaviour was committed by a member of his/her household.

If additional complaints regarding anti-social behaviour are made against

individuals or households against whom previous allegations in this regard have already been made, the Council will ensure that they are informed of these complaints in writing and afforded every opportunity to present their side of the story to the local authority.

Interviewing Alleged Perpetrators of Anti-Social Behaviour

Interviews with alleged perpetrators of anti-social behaviour are an exploratory, information-gathering exercise. Therefore, when conducting these interviews the interviewers will not convey the impression that they have already reached a decision on the validity of the complaints under discussion.

Conducting interviews of this type can be challenging on a number of fronts.

They can be emotionally challenging as the interviewee may be distressed or on occasions threatening to the interviewers. In addition, eliciting the required information from interviewees necessitates good interpersonal and interviewing skills which can only be acquired by experience and appropriate training. Therefore good practice requires that these interviews should be conducted by properly trained and experienced officials.

Care and discretion will be used when selecting an appropriate venue for interviews with alleged perpetrators of anti-social behaviour. They will always be conducted in an appropriate and private venue such as in the interviewee’s home or in an interview room in the local authority’s office.

In addition, when preparing for and conducting interviews of this type, appropriate procedures will also be adhered to in order to protect the personal safety of the interviewers, ensure fair procedure and elicit all necessary information from interviewees.

Interviewing Alleged Perpetrators of Anti-Social Behaviour

 

LOCATION

If the interview is conducted in the Council’s offices a private room will be made available for this purpose.

Interviews will not be conducted at a public counter.

If the interview takes place in the interviewee’s home it will be conducted in an appropriate public part of the dwelling such as a living room.

 

INTERVIEW PROCEDURE

Interviews will not be conducted by a lone official; he/she will always be accompanied by a colleague.

One of these officials should take responsibility for conducting the interview.

The other will keep a record of the interview and ensure that necessary issues are addressed. Sufficient time will always be allowed for an interview and interviews will be conducted in a thorough manner and the interviewee will be allowed sufficient time to make relevant points.

Interviewees will be free to have an advisor accompany them to the interview if they so wish.

INTERVIEW PROCESS

Every effort to put the interviewee at ease by for instance using first names and using informal language when conducting the interview

It will be explained to the interviewee that the meeting is being held to hear his/her response to complaints that have been received and that there is no presumption on the part of the local authority that the complaints are valid.

It will also be clearly explained that the interview is just exploratory and part of a process of investigation. The detail of the allegation will be explained and the interviewee will be invited to respond to each allegation and repeat his/her responses back to the interviewee.

The content of the interview will be summarized and the interviewee will be asked whether he/she agrees with this summary or has anything to add.

The interviewee will be informed of the outcome as quickly as possible.

NON-LEGAL SOLUTIONS TO ANTI-SOCIAL BEHAVIOUR

Where possible, non-legal solutions will be employed in the first instance in cases of anti-social behaviour. However, measures of this type may be inappropriate in cases that involve criminal behaviour or intimidation and threats of violence against staff or tenants.

LIAISING WITH TENANTS AND TENANTS ASSOCIATIONS

In cases where anti-social behaviour is widespread in a particular area and/or the specific perpetrators of these activities are difficult to identify, informing all tenants in the area about the activities may help to combat such behaviour.

This may be achieved by means of a letter informing all tenants that

the Council has received complaints regarding anti-social behaviour, reminding them of their obligations under the tenancy agreements, stating that it is the policy of the authority not to tolerate these activities, and reminding them that engaging in activities of this type could potentially result in the exclusion of perpetrators from their accommodation, or the repossession of the dwelling, or their eviction from the halting site, as appropriate.

ACCEPTABLE BEHAVIOUR AGREEMENTS

 In cases where alleged perpetrators of anti-social behaviour have been positively identified by an investigation process and have admitted their involvement in these activities in an interview with local authority officials, the Council will endeavour to negotiate a written agreement with them, in which they undertake to terminate the activities in question.

This will have to be signed by the alleged perpetrator of the anti-social

behaviour and by a representative of the Council. The alleged perpetrator

will be provided with a copy of the agreement, together with a cover letter

which clearly sets out the implications of breaching the contract. A second copy will be retained by the local authority. It may also be appropriate to provide a copy to the tenant of the accommodation where the alleged perpetrator of the anti-social behaviour resides.

If appropriate, when negotiating this agreement the Council will

endeavour to identify any personal problems that may be causing the alleged perpetrator’s behaviour, and make arrangements for appropriate supports to address these problems. The obligation to avail of these supports will be built into the agreement with the individual in question.

 

SUPPORTING ALLEGED PERPETRATORS OF ANTI-SOCIAL BEHAVIOUR

Where possible and appropriate, the Council will provide the

necessary support to help perpetrators of anti-social behaviour address the root causes of their behaviour. For instance, the alleged perpetrator may be visited regularly by the housing welfare officer or social worker or by a tenancy sustainment worker.

It is acknowledged that most solutions to the types of personal problems that affect anti-social behaviour, such as drug or alcohol abuse or family breakdown, lie outside of the remit and expertise of local authorities. In such cases the Council will ensure that perpetrators of anti-social behaviour are referred to appropriate agencies to receive the support necessary to help them address the root causes of their behaviour.

Some cases of anti-social behaviour can be resolved by transferring either the victim or the alleged perpetrator of these activities to alternative accommodation, perhaps located in another area.

However, this option will only be used with care because moving victims from their homes can convey the impression that they are being punished while, conversely, transferring alleged perpetrators to better accommodation may convey the impression they are being rewarded for their anti-social activity.

The wishes of victims of anti-social behaviour will be the overriding consideration in decisions to transfer them to alternative accommodation. As a general rule such transfers will only be granted on foot of a written declaration from a Garda Superintendent that the life of a tenant or a member of the tenant’s family would be endangered were they to remain in their existing accommodation.

 

USE OF MEDIATION

Mediation is an approach to conflict resolution that involves a trained mediator meeting with the parties to a dispute, individually at first, and then together in order to try to reach a solution that is agreeable to both. The Council will consider using mediation in cases such as these.

Mediators operate on the principles of being independent, impartial and nonjudgemental. Therefore mediation would not normally be carried out by local authority officials themselves but by a professional mediator. However, relevant officials may have some training in the use of mediation. This will enable them to identify anti-social behaviour that could be resolved by involving a professional mediator.

 

MONITORING COMPLIANCE WITH WRITTEN AGREEMENTS

The Council will establish systems to monitor compliance with written agreements regarding anti-social behaviour. This could involve for instance alerting relevant officials if a complaint is received which indicates that an individual or household subject to an agreement of this type has been involved in additional anti-social incidents. Written records will be kept of the results of this monitoring.

If alleged perpetrators fail to adhere to the terms of a written agreement to terminate their involvement in anti-social behaviour, local authorities should endeavour to meet with them and re-negotiate the terms of the agreement. This re-negotiation could involve putting in place appropriate supports for the alleged perpetrator if this was not provided for in the original agreement or alternatively accessing alternative supports to those provided for in the original agreement. 

The implications of breaking the terms of the renegotiated agreement, such as termination of the tenancy or exclusion of the alleged perpetrator from the accommodation, will also be explained or reiterated at this stage.

In some cases, legal action to exclude individuals from local authority rented accommodation or to terminate the tenancy, is the only viable method of combating anti-social behaviour, as defined in the Housing (Miscellaneous Provisions) Act 1997. A number of considerations are relevant to achieving good practice in the use of legal action to combat anti-social behaviour. For instance, fair procedures must be adhered to at all times when investigating and taking action against alleged perpetrators of antisocial behaviour. Fair procedure requires that decisions to initiate legal action should be reached on a consistent rather than a random basis. This can be achieved by devising standard protocols to guide staff in relation to decisions of this type. In addition, efficient use of council resources requires that effective preparations are made for legal actions, and that all legislative requirements in relation to the serving of legal notices are adhered to, in order to ensure a successful outcome. Furthermore, in order to protect the welfare of all members of the household that is the subject of the legal action, relevant statutory agencies must be notified of the decision to initiate action of this type at an early stage.

INITIATING LEGAL ACTION IN CASES OF ANTI-SOCIAL BEHAVIOUR

It is likely that at any one time, the Council will be dealing with a number of anti-social cases that could potentially be the subject of legal action. In scenarios such as this the seriousness of the activities involved and the prospects that the court action will be successful will be the overriding consideration in selecting cases appropriate for legal action. The council will initiate action in cases where a successful outcome may encourage other perpetrators of anti-social behaviour to reform their behaviour.

CASE CONFERENCES FOR INITIATING LEGAL ACTION

Decisions to initiate legal action against alleged perpetrators of anti-social behaviour will be approved by a case conference of staff responsible for preventing and combating anti-social behaviour and senior housing department staff. In addition, the estate-based staff responsible for the area where the alleged perpetrator lives and social work or housing welfare staff will also be included in these meetings.

The Housing (Miscellaneous Provisions) Act 1997 and Housing (Traveller

Accommodation) Act 1998 stipulates that excluding order proceedings can only be taken after consultation with the Health Services Executive.

The easiest way to consult with the Gardaí and the HSE is to invite representatives of these organisations to case conferences on the initiation of legal action in cases of anti-social behaviour. Their attendance at the case conference can also be used as an opportunity to explore the possibility that these organisations could intervene to help combat the anti-social behaviour. The Council will seek to involve these agencies in case conferences insofar as is practicable.

 

REFUSAL TO SELL A DWELLING

 

In all cases where a decision has been reached to initiate legal action against an alleged perpetrator of anti-social behaviour, the Council will endeavour to ensure that any application from the household in question to buy their dwelling under the tenant purchase scheme is also refused.

Section 14 of the Housing (Miscellaneous Provisions) Act 1997 empowers local authorities, on the grounds of anti-social behaviour or good estate management, to refuse to sell a dwelling under the tenant purchase scheme. Local authorities may also refuse consent to the resale of a tenant-purchased dwelling on these grounds, or under the other circumstances set out in legislation. This measure is an overriding provision. It is not necessary to amend the terms of the tenant purchase scheme in order to avail of it.

In order to ensure that this measure is applied in a standardised fashion to all applications for tenant purchase, the Council will devise procedures to guide staff in its use. These procedures will allow applicants for tenant purchase to appeal decisions to refuse to sell a dwelling and to request that the Council review the decision after a standard minimum period of time has elapsed or the circumstances of the applicant have changed.

PREPRATION OF EVIDENCE TO SUPPORT LEGAL ACTION

In order to ensure a successful outcome to legal action in cases of anti-social behaviour, the Council will ensure that all necessary evidence is

available. In legal cases of this type it may be necessary to prove the following:

The subject of the legal action (i.e. the respondent) has engaged in anti-social behaviour.

When investigating and taking action fair procedures were followed, the Council acted reasonably and did not abuse its powers or act in bad

faith.

 

In order to meet these requirements, the Council must ensure that documentary evidence along the following lines is available for presentation to the Court:

Written confirmation that a complaint alleging anti-social behaviour, as defined in the Housing (Miscellaneous Provisions) Act 1997, or another breach of the tenancy agreement, was received.

An investigation/enquiry was conducted into that complaint to ascertain facts.

The respondent was notified in writing of the making of the complaint, informed of the nature of that complaint and afforded an opportunity to answer same.

The respondent was advised that consideration was being given to his/her exclusion from the accommodation or to the termination of his/her tenancy by reason of the complaint.

All necessary further investigations or enquiries were carried out as warranted, following submissions or representations by or on behalf of the respondent.

Where additional complaints were made to the Council, in the course of its investigation or enquiries, these were notified to the respondent and he/she was afforded an opportunity to answer those additional complaints.

The respondent was advised that the Council intended to exclude him/her from the accommodation or to terminate his/her tenancy as a result of its enquiries In addition, when applying to the District Court for the repossession of a dwelling,  the Council is always  required to furnish proof that all relevant legal notices have been served correctly.

In cases where legal action against alleged perpetrators of anti-social behaviour is considered appropriate, the option of obtaining an exclusion order will be explored in the first instance.

 

 

USE OF EXCLUSION ORDERS IN CASES OF ANTI-SOCIAL BEHAVIOUR

 

The Housing (Miscellaneous Provisions) Act 1997 and the Housing (TravellerAccommodation) Act 1998 require that an exclusion order can only be soughtafter consultation with the relevant tenant and Health Services Executive. In additionthe DoEHLG circular H5/97 on the implementation of the 1997 Act recommendsthat the Gardaí and any other relevant authorities should also be consultedbefore action of this type is initiated.

 

The first step in utilising this procedure is to consult with the relevant tenant regarding the possibility that he/she should apply to the District Court for an exclusion order against another member of the household or against a joint tenant.

If on the basis of this consultation the council reaches the conclusion that the tenant is not in a position to apply for an exclusion order, for instance because of intimidation, the legislation enables the local authority to make an application instead.

The 1997 and 1998 Acts do not require local authorities to obtain the express agreement of the tenant to seek an exclusion order. However, good practice requires that the written agreement of the tenant should be obtained if possible.

If not, local authorities should be able to provide proof that they have consulted with the tenant. This could be achieved by compiling a written statement of the time, date, location and content of meetings held with the tenant regarding this issue.

The 1997 and 1998 Acts empower the court to make an interim exclusion order where there is immediate risk of significant harm to a tenant or other occupant pending determination of an application for an excluding order. When initiating exclusion order proceedings the Council will ensure that the need for an interim order is assessed and that such orders are sought when necessary.

It is also necessary to serve a respondent with notice of a proposed application for an exclusion order.

In making an exclusion order the District Court has the power to prohibit the respondent from entering or being in the vicinity of a particular house or estate or halting site and to prohibit intimidation or other interference with a tenant or occupant of the accommodation. The Council will consider requesting the Court to do this if necessary.

Under the terms of the 1998 Act, exclusion orders in relation to residential caravan parks may require respondents to remove any caravan they own or occupy from that residential caravan park.

The term of an exclusion order can be varied by the District Court, subject to a maximum of three years. However, a further order can be made with effect from the date of expiration of the first order.

Alternatively, any of the parties to the order, including the local authority, can apply to the Court to have it discharged when circumstances no longer require that the order remain in force. The Council will establish procedures for the periodic review of exclusion orders and will ensure that arrangements are made to apply for the discharge or extension of these orders as necessary.

 

The option of terminating a tenancy on the grounds of anti-social behaviour will only be used when all other appropriate solutions have failed or are deemed inappropriate. However, when action of this type is initiated the council will make every effort to ensure that correct procedures are followed in all cases so that a successful outcome is achieved.

Before initiating legal action for the termination of a tenancy on the grounds ofanti-social behaviour, checks will be made as to whether any previousnotices to quit that may have been issued against the tenant are still standing. Ifthis is the case, or if there is any uncertainty in this regard, a letter will be issued to the tenant rescinding all previous notices to quit.

Once this has been done the first step in the legal process for the repossession of the dwelling ie. the service of a notice to quit the dwelling, which terminates the tenancy will be put in train.

A notice to quit must be in writing and must be served on the tenant not less than four weeks before it is due to take effect or, in other words, before the date on which the tenant is required to deliver up possession of the dwelling to the Council. However, in order to allow for difficulties in contacting the respondent, a lengthier period for the service of the notice to quit may be allowed.

 

A notice to quit normally incorporates a written demand that possession of the dwelling should be delivered up to the Council on the date of expiry of the notice to quit and a statement that if possession is not delivered up, the Council will apply to the District Court for a warrant for possession.

SERVICE OF NOTICES TO QUIT

 

Notices to rented dwellings will be served on the basis of an order of the County Manager or an officer delegated to act on his/her behalf. The wording of such orders will provide for the new requirements to take account of the European Convention on Human Rights.

In addition, the following procedure will be adhered to when serving notices:

Whenever possible legal notices will be served by delivering them to the respondent in person. If the server is threatened or intimidated, no further attempts at personal service will be made. If the server fails to make contact with the respondent up to three attempts will be made to serve the notice by this method and full records will be maintained of these attempts.

Where personal service of legal notices is not possible, service will be effected by means of prepaid registered post. If registered envelope is returned the notice will then be served by ordinary post. However, in such circumstances the Council will obtain an order sanctioning this substituted service from the District Court

COURT ACTION FOR THE TERMINATION OF TENANCIES

If, following the service of a notice to quit and a demand for possession, the respondent fails to vacate the dwelling, the next step is the service of a court summons requiring the tenant to attend a District Court hearing for repossession of the dwelling. At this hearing the Council may be required to prove the following:

·        The dwelling was provided by a housing authority under the terms of the Housing Acts.

·        There is no tenancy in the dwelling because the respondent has broken the terms of the tenancy agreement by engaging in anti-social behaviour or has engaged in anti-social behaviour as defined in the Housing (Miscellaneous Provisions) Act 1997 and a notice to quit the dwelling was served as a result.

·        Possession of the dwelling was duly demanded.

·        The occupier duly failed to give up possession of the dwelling.

·        The demand for possession included a statement of the intention of thehousing authority, if the demand was not complied with, to apply for the issue of a warrant for the possession of the dwelling.

·        The Housing Act 1966 requires District Justices to issue a warrant for repossession of the dwelling once they are satisfied that the technical requirements of the legislation have been met.

The Council reserves the right to take proceedings in the Circuit in accordance with the provisions of the Conveyancing Act 1881 as an alternative to proceedings under Section 62 of the Housing Act 1966.

 

11      READMISSION OF HOUSEHOLDS WHOSE TENANCIES HAVE BEEN TERMINATED TO THE WAITING LIST

 

The Council has devised protocols governing applications for housing by

households whose tenancies have been terminated on the grounds of anti-social behaviour. These protocols enable such households to reapply for accommodation after a standard minimum period of time has elapsed and/or the local authority is satisfied that the anti-social behaviour will not recur

 

12     RIGHTS OF TENANTS

 

To enjoy peaceful use of their home without disruption from anti-social behaviour.

To expect the Council to take reasonable action to prevent anti-social behaviour and to combat these activities should they occur.

To make a complaint to the Council regarding anti-social behaviour in their area.

To have all complaints about anti-social behaviour investigated swiftly and fairly.

To have all complaints regarding anti-social behaviour acknowledged in writing and to be kept informed of the progress of any subsequent investigation of or action taken in relation to the complaint.

13     RESPONSIBILITIES OF TENANTS

 

Not to engage in anti-social behaviour.

To treat all anti-social behaviour staff with due courtesy and respect.

To report anti-social behaviour to the Council and co-operate with investigations of these incidents.

14     HEALTH AND SAFETY OF STAFF

The staff involved in investigating complaints about anti-social behaviour and instigating action against alleged perpetrators may be the targets of verbal or physical aggression and assaults. Measures will be kept in place to reduce the possibility of this happening and to provide appropriate support for staff who have been victims of such activities.

Measures to reduce the possibility of verbal or physical assaults on anti-social behaviour staff could include the following:

Staff will be trained to recognise potentially aggressive and violent situations and to de-escalate and/or remove themselves from the situation.

Staff will be provided with appropriate equipment to enable them to call for help if necessary, e.g. mobile telephones.

Interview rooms and offices used by anti-social behaviour service staff will be fit for purpose.

Staff will maintain a written record of the date, time and location of and planned visits to locations outside of the authority’s offices for the purposes of investigating anti-social behaviour. This ‘duty log’ should be accessible by other members of staff who may need to check their location for security purposes.

The Council will ensure that appropriate medical and counselling facilities are available, if required, to anti-social behaviour staff who have been victims of verbal or physical aggression or assault in the course of their work. 

15   Appendix

 

Legislative Background

 

The Council’s powers in relation to Estate Management generally and Anti Social Behaviour in particular are contained in the Housing Acts 1966 to 2009. 

 

The legislation available to the Council in dealing with anti–social behaviour is as follows:

 

Section 62, Housing Act 1966 (as amended) provides that:

“62.(1) In case,

(a)               there is no tenancy in-

                                          (i)            a dwelling provided by a housing authority under this Act

                                       (ii)            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

                                     (iii)            a dwelling of which the National Building Agency Limited is the owner,

 

whether by reason of the termination of the 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 building 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.

(2) Where-

(a)                        the rent of any dwelling let by a housing authority under this Act or by the National Building Agency Limited either on a monthly tenancy or on a tenancy for a less period than a month, is in arrears for a period of not less than one month, and

(b)                        the dwelling is, in the opinion of the authority or the Agency, as the case may be, abandoned by the person to whom it was let, and

(c)                         the dwelling is not actually occupied by any person,

 

the authority or the Agency may give to the person to whom the dwelling was so let notice, being of not less duration than which would be required to terminate the tenancy by notice to quit, of their intention to resume possession of the dwelling and in case notice is duly given under this subsection and if, but only if, at the expiration of the notice the said rent in arrears is unpaid, the authority or Agency may resume possession of the dwelling and thereupon the tenancy therein shall by virtue of this subsection terminate.

(3)      Upon the hearing of an application duly made under subsection (1) of this section, the justice of the District Court hearing the application shall, in case he is satisfied that the demand mentioned in the said subsection (1) has been duly made, issue the warrant.

 

(4)      The provisions of sections 86. 87, and 88 of the Act of 1860 (subject, in the case of the said section 86, to the substitution of “one month” for “to be therein named, and not less than seven or more than fourteen clear days from the date of such warrant” and the substitution of “eight in the morning and eight in the afternoon” for “nine in the morning and four in the afternoon”)* shall apply in respect of the issue of a warrant under this section subject to the modification that where as respects an application under subsection (1) the name of the occupier of a dwelling or building or part thereof cannot by reasonable enquiry be ascertained, a summons under the said section 86 may be addressed to “the occupier” without naming him, and the warrant when so issued shall have the same effect as a warrant under the said section 86.

(5) In any proceedings for the recovery of possession of a dwelling or building or part thereof mentioned in subsection (1) of this section, a document purporting to be the relevant tenancy agreement produced by the body by whom the proceedings are brought shall be prima facie evidence of the agreement and it shall not be necessary to prove any signature on the document and in case there is no tenancy in the premises to which the proceedings relate by reason of the termination of a tenancy by notice to quit and the person to whom such notice was given is the person against whom the proceedings are brought, the following additional provisions shall apply:

 

(a)   any demand or requirement contained in such notice that the person deliver up possession of the said premises to the authority or the Agency, shall be sufficient demand for the purposes of paragraph (b) of the said subsection (1); and,

(b)   any statement in the said notice of the intention of the authority or the Agency to make application under subsection (1) of this section in respect of the premises shall be a sufficient statement for the purposes of paragraph (c) of the said subsection (1).

 

 

(6) Nothing in the Landlord and Tenants Acts, 1935 and 1958, or the Rent Restrictions Act, 1960, shall be deemed to affect the provisions of this Act relating to the obtaining of possession of a dwelling or building or part thereof mentioned in subsection (1) of this section.

 

(7) If in a case in which there is no tenancy in a dwelling provided by a housing authority under this Act, a person makes entry into the dwelling, or uses it for human habitation, without the consent of the housing authority, such person shall be guilty of an offence and shall be liable on summary conviction to an fine not exceeding £1,000**, or, at the discretion of the court, to a term of imprisonment not exceeding one month or to both such fine and imprisonment, provided that this subsection shall not apply to a person who, at the time when the tenancy last created in the dwelling was terminated or otherwise ceased to exist, was ordinarily resident in the dwelling or to a person making an entry into the dwelling for the purposes of normal social relations with such persons or to a person making an entry into the dwelling (but not using it for human habitation) in the course of his ordinary business, profession, vocation or trade.

 

*        Amended by s.13, Housing Act, 1970

**       Inserted by s.13, Housing Act, 1970, amended by s.33, Housing (Miscellaneous Provisions) Act, 1992

This legislation enables the County Council to re-possess a Council rented dwelling.  The procedure involves the service of a Notice to Quit, which determines the tenancy and contains the minimum statutory period of 28 days notice to the tenant.  This is followed by a Demand for Possession, which notifies the former tenant that in the event of refusal of possession, an application for a Warrant for Possession will be made to the District Court.

The Council is not required under this legislation to provide evidence of the behaviour that has led to the decision of the Council to determine the tenancy. The Council only has to provide proof that it has followed the statutory procedures in seeking the Warrant.

However, under Section 21 of the Housing (Miscellaneous Provisions) Act 1997 evidence of Anti-social behaviour can be accepted by the District Court from Gardai, the Council and Health Service Executive officials where other possible witnesses are not in a position to give evidence due to intimidation. This can also apply to proceedings under the Housing Act, 1966.

In general in Section 62 proceedings involving Anti-social behaviour the County Council will endeavour to present evidence of Anti-social behaviour before the Courts.  

 

Housing (Miscellaneous Provisions) Act 1997 (as amended by S.197 Residential Tenancies Act 2004)

 

Section 1 of this Act defines Anti-social behaviour as either or both of the following: (as amended by the Housing Miscellanous Provisions Act 2009)

(c)               the manufacture, production, preparation, importation, exportation,

sale, supply, possession for the purposes of sale or supply, or distribution of a controlled drug (within the meaning of the Misuse of Drugs Acts, 1977 and 1984),

(d)              any behaviour which causes or is likely to cause any significant or persistent danger, injury, damage, alarm, loss or fear to any person living, working or otherwise lawfully in or in the vicinity of a house provided by a housing authority under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000, or a housing estate in which the house is situate and without prejudice to the foregoing includes

(i)                             violence, threats, intimidation, coercion, harassment or serious obstruction of any person.

(ii)                           Behaviour which causes any significant or persistent impairment of a person’s use or enjoyment of his or her home, or

(iii)                        Damage to or defacement by writing or other marks of any property, including a person’s home. 

 

Cases of Domestic Violence do not come within the scope of this Act. The Domestic Violence Act 2001 is the appropriate legislation for such cases.

Private property is beyond the scope of the Act. However Section 197 of the Residential Tenancies Act 2004 amends the Housing (Miscellaneous Provisions) Act 1997 by extending Local Authority powers to obtain Excluding Orders in respect of tenant purchased dwellings. This applies only to Local Authority estates where there is at least one dwelling under the control of the Local Authority. In these circumstances Excluding Orders can be obtained against any person frequenting the dwelling involved in Anti-social behaviour, other than the Relevant Purchasers of said dwelling.    

         Section 1 also defines Estate Management as:

(a)   the securing or promotion of the interests of any tenants, lessees, owners or occupiers, whether individually or generally, in the enjoyment of any house, building, or land provided by a housing authority under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 2000,

(b)  the avoidance, prevention or abatement of Anti-social behaviour in any housing estate in which is situate a house provided by a housing authority under the Housing Acts 1966 to 2002 or Part V of the Planning and Development Act 200

 

  Section 3 Excluding Orders

This deals with the application for Excluding Orders by a tenant/relevant purchaser or by a Local Authority. The legislation is designed to have a more targeted response to Anti-social behaviour whereby the specific offenders are dealt with thus avoiding the eviction of the entire household. In all cases every effort will be made by the County Council to pursue the option of seeking an Excluding Order before considering the eviction of the entire household. If granted, an Excluding Order can prohibit the respondent from entering the relevant dwelling or the entire estate for a period up to three years. An Excluding Order can also prohibit a respondent from causing or attempting to cause any intimidation, coercion, harassment or obstruction of, threat to, or interference with the tenant or other occupant of the dwelling concerned.

Application for an Excluding Order by a Tenant

Under Section 3 a Council tenant has the right to apply to the District Court for an Excluding Order against a person including a joint tenant who is engaged in Anti-social behaviour. The tenant can only apply for an order relating to his/her dwelling. The procedure is as follows:

(i)  The applicant attends the District Court and requests four copies of the application for the excluding order.

(ii) The District Court clerk will allocate a Court date for the applicant usually four weeks from the initial request.

(iii) The applicant must fill out the application and send one copy by registered post to the Council, one copy to the respondent, one copy is retained by the applicant and one copy is for the Court.

(iv) The applicant then returns to the District Court and lodges the application with registered records of postage.

(v) Where the respondent has already left the dwelling, the applicant must serve the notice on the respondent.

(vi) Experience has shown that in general, District Court Judges require an applicant to engage the services of a solicitor.

(vii) There is a nominal fee (stamp duty) for such an application

The County Council may advise and assist any of its tenants who wish to make an application for an Excluding Order. The same procedure is applicable to a Relevant Purchaser of an Ex-Local Authority dwelling.   

          Application for an Excluding Order by a Local Authority

 

The County Council has the power to seek an Excluding Order in the following circumstances:

(i)  The respondent is engaged in Anti-social behaviour

(ii) The tenant/relevant purchaser and Health Service Executive are consulted

(iii) The Council believes the tenant/relevant purchaser may be deterred from applying for an Excluding Order by violence, threat or fear.

(iv) The tenant/relevant purchaser does not intend, for whatever other reason, to make such an application.

(v) It is in the interests of good estate management.

The express agreement of the tenant/relevant purchaser in such cases is not necessary. It is important to note that a Local Authority cannot apply for an Excluding Order against a tenant/relevant purchaser.

 

          Section 4

 

The Court may make an Interim Excluding Order where there is immediate risk of significant harm to a tenant/relevant purchaser or other occupant pending determination of an application for an Excluding Order.

This section also deals with ex parte hearings in exceptional cases.

Sections 5 to 12

These sections contain necessary supporting provisions for the operation of the excluding order procedure, including offences for contravening such orders, appeals and Court jurisdiction.

Section 5 (1)

A respondent who contravenes an excluding order or an interim excluding order shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £1,500 (€1,950) or, at the discretion of the Court to imprisonment for a term not exceeding 12 months, or both.

 

Section 12 (1)

         

Where a member of the Garda Siochana has reasonable cause for believing that, in respect of an order under this Act, an offence is being or has been committed under section 5, the member may, on complaint being made to him or her by the tenant/relevant purchaser or the housing authority, arrest the respondent concerned without warrant.

 

 

 

 

Section 12 (2)

For the purpose of arresting a respondent under subsection (1) a member of the Garda Siochana may enter (if need be by use of reasonable force) and search any place (including a dwelling) where the respondent is or where the member, with reasonable cause, suspects the respondent to be.

 

 

          Section 13

 

This section provides for the application of the Excluding Order procedure in sections 3 to 12 to houses provided by voluntary housing bodies approved for the purposes of Section 6 of the Housing (Miscellaneous Provisions) Act 1992.

       

Section 14

This section empowers Local Authorities to refuse or defer a letting of a dwelling, or to refuse an application from a tenant to purchase a dwelling, where the applicant is or has been involved in Anti-social behaviour or where the letting or sale would not be in the interest of good estate management. The power to refuse lettings also extends to applicants who fail to provide necessary information to the housing authority. A housing authority may also refuse consent to the resale of a tenant purchase dwelling to a person involved in Anti-social behaviour or on grounds of good estate management where the consent of the authority to the resale is required.

S. 197 of the Residential Tenancies Act 2004 contains an amendment to this section of the Housing (Miscellaneous Provisions) Act 1997 and gives more powers to Housing Authorities to refuse the sale of a dwelling provided by Part V of the Planning and Development Act 2000 (Affordable Housing), if the Housing Authority considers the applicant is/or has been involved in Anti-social behaviour. 

        Section 15

 

This section allows Local Authorities to apply to other housing authorities or statutory agencies for information in relation to any person seeking a house from the authority or residing or proposing to reside at a house provided by the authority or whom the authority considers may be or may have been engaged in Anti-social behaviour and, notwithstanding anything contained in any enactment, such other housing authority or statutory agency may provide the information.

        Section 16

 

This section amends the Social Welfare Acts to enable Health Authorities to refuse or withdraw rent or mortgage interest supplement for private housing under the supplementary welfare allowance scheme where persons, otherwise eligible, have been evicted, excluded, or removed from, or refused local authority housing. 

 

          Section 18

This section creates a specific offence of intimidation against local authority officials, health authority officials, any member of their family, or any person who provides evidence under Section 62 of the Housing Act 1966 or the 1997 Act. 

 

A person who causes or attempts to cause any threat, intimidation or harassment, coerces, obstructs, impedes or interferes with, an officer or employee of a housing authority or a health board or a member of the family of such officer or employee or any person who provides or is to provide evidence in any proceedings under Section 62 of the Housing Act 1966 or this Act shall be guilty of an offence.

 

 

Penalty - £1500 (€1,905) fine, 12 months imprisonment or   both.

 

Section 20

This section deals exclusively with squatters. It provides a new power to the Garda Siochana to remove squatters who are engaging or have engaged in Anti-social behaviour from Council houses. It empowers the Garda Siochana on notification by the housing authority to direct any illegal occupant of a local authority house engaged in Anti-social behaviour to leave the house. Non-compliance with a Garda’s direction is an arrestable offence. There are also powers of search and entry available to the Gardai.

         

 

Section 21

 

Where in any proceedings under Section 62 of the Housing Act 1966 or Sections 3, 4, or 9 of the 1997 Act a member of the Garda Siochana or an officer of a housing authority or a health authority states that he or she believes that a person is or has been engaged in Anti-social behaviour, if the Court is satisfied that there are reasonable grounds for such belief and that another person would be deterred or prevented by violence, threat, or fear from providing evidence in that regard, the statement shall be evidence of such Anti-social behaviour.

 

Section 35 of The Housing (Miscellaneous Provisions) act 2009 reads as follows.

 

“35.—(1) A housing authority shall, within one year of the

commencement of this section, draw up and adopt a strategy (in this

section referred to as an “anti-social behaviour strategy”) in respect

of that part or those parts of its administrative area in which are

situated—

(a) dwellings let by the housing authority to tenants under the

Housing Acts 1966 to 2008,

(b) dwellings in which relevant purchasers (within the meaning

of section 1 of the Act of 1997) reside, and

(c) sites (within the meaning of section 1 of the Act of 1997).

(2) An anti-social behaviour strategy shall have as its principal

objectives—

(a) the prevention and reduction of anti-social behaviour,

(b) the co-ordination of services within the housing authority

directed at dealing with, or preventing or reducing, antisocial

behaviour,

(c) the promotion of co-operation with other persons, including

the Garda Siochana, in the performance of their

respective functions insofar as they relate to dealing with,

or the prevention or reduction of, anti-social behaviour,

having regard to the need to avoid duplication of activities by the housing authority and such other persons in the performance of those functions, and

(d) the promotion of good estate management.

(3) An anti-social behaviour strategy shall set out the proposals

of the housing authority for achieving the principal objectives

15 referred to in subsection (2), including, but not necessarily limited to,

the following:

(a) procedures in relation to the making of complaints to the

housing authority in respect of anti-social behaviour;

(b) initiatives for the prevention and reduction of anti-social

20 behaviour;

(c) the provision of education relating to, and the carrying out

of research into, anti-social behaviour and its prevention

and reduction.

(4) A housing authority—

25 (a) shall, not less than 6 months before the expiration of its

housing services plan, and

(b) may, from time to time as it thinks fit,

review its anti-social behaviour strategy and amend the strategy or

draw up and adopt a new strategy, as it considers appropriate.

(5) When drawing up a strategy, or before amending a strategy, a

housing authority shall consult with—

(a) any joint policing committee established under section 36

of the Garda Siochana Act 2005 in respect of its administrative

area,

(b) the Garda Siochana,

(c) the Health Service Executive, and

(d) any other person as the authority considers appropriate.

(6) The drawing up and adoption of, and the amendment of, an

anti-social behaviour strategy shall be a reserved function.

(7) The drawing up and adoption of, and amendment of, an antisocial

behaviour strategy is not to be taken to confer on any person

a right in law that the person would not otherwise have to require a

housing authority in a particular case to exercise any function conferred

on it under the Act of 1997 or this Act or to seek damages

for a housing authority’s failure to perform any such function.