Phoenix Community Housing: policy

Phoenix is committed to taking strong and immediate action to tackle anti-social behaviour, and to working in partnership with residents, the police and other agencies to identify the causes of anti-social behaviour and develop measures to prevent it from occurring.

In implementing this policy, Phoenix will have due regard to the Housing Corporation's Regulatory Code and Guidance.

Statement of Intent

Tackling anti-social behaviour is a priority for Phoenix as well as for local residents and Phoenix is fully committed to dealing firmly, fairly and promptly with acts of anti-social behaviour and nuisance in its housing area. Phoenix will take positive action in conjunction with its partners to deal with disruptive tenants, leaseholders and any other persons causing a nuisance or harassment in or around its estates or any of its dwellings.

Phoenix recognises that there is a relationship between the level of anti-social behaviour and demand for its properties. Phoenix will take proactive action to combat anti-social behaviour on its estates in the interests of its tenants and its communities. Phoenix considers that such actions will have a direct bearing on its ability to relet properties and the sustainability of its communities and neighbourhoods.

In order to combat the various forms of anti-social behaviour, Phoenix will consider using a variety of legal remedies, such as:-

action under the Anti-Social Behaviour Act 2003
action under the Housing Acts 1988 and 1996
action under the Crime and Disorder Act 1998
action under the Environmental Protection Act 1990

Policy Statement

Phoenix recognises that anti social behaviour and harassment covers a wide range of problems, ranging from relatively minor incidents, to serious racist incidents and hate crimes.

The Housing Act 1996 provides the following definition:

Any conduct which: -

‘is capable of causing nuisance or annoyance to any person; and directly or indirectly relates to or affects the housing management functions of a relevant landlord: or
consists of or involves using or threatening to use housing accommodation owned or managed by a relevant landlord for an unlawful purpose.'

Whatever its nature, anti social behaviour and harassment affects individuals, families and the whole community and can cause real misery.

The following problems have been identified in the Phoenix area, however Phoenix recognises that the examples listed are not exhaustive or exclusive: -

Criminal damage, graffiti and vandalism
Drug/alcohol abuse and drug dealing
All forms of harassment including racial, homophobic and sexual harassment;
Violence or threat of violence (including Domestic Abuse);
Neighbour nuisance and disputes;
Physical and verbal abuse or intimidation (including against staff);
Youth anti-social behaviour and disorder
Noise nuisance.
Parking disputes, abandoned vehicles and carrying out repairs
Fly-tipping, litter and dog fouling
Unauthorised access to and anti-social behaviour in communal areas of blocks
Illegal motorbike use

Categorising Different Levels of Anti-Social Behaviour

Phoenix will take a different approach depending on how serious the anti-social behaviour is.

Low level anti-social behaviour (such as neighbour disputes resulting from a clash of lifestyles and not involving violence - for example, a loud television set) will be dealt with by the relevant housing officer.

Serious anti social behaviour would be dealt with by Phoenix's specialist anti-social behaviour team. Serious cases would include:

Harassment, including hate behaviour
Violence or the threat of violence including domestic disputes.
Damage to property or the threat of damage.
Drug taking or dealing.
Persistent threats or verbal abuse.

Preventing and Dealing with Anti-Social Behaviour

Phoenix will not tolerate, and will take prompt and effective action against, all forms of anti-social behaviour.

When Phoenix is first contacted about an anti-social behaviour or nuisance problem, it will:

Within 5 working days (24 hours if it is an emergency, e.g. actual violence or threats of violence) arrange an interview with the complainant to obtain full details about the anti-social behaviour;
Provide a safe environment where the complainant can explain the case, including the option for the complainant to talk to a member of staff of a similar background (e.g. ethnic, gender, religious) where possible;
Explain Phoenix's procedures;
Explain what Phoenix will do and anything the complainant needs to do in order to take the case further;
Enter the complaint onto the computer monitoring system (which helps Phoenix monitor progress on the case and take action within appropriate timescales)and generate a unique reference number that the claimant can quote when enquiring about the case;
Give the complainant a ‘Receipt' letter showing the reference number.
Explain to the complainant why evidence is crucial to taking the case further.
In most cases, issue ‘Incident Diaries' to complete. The Housing Officer will explain these and make sure that complainants understand how to fill them in.
Provide an update on progress within 20 working days;
Take action which is best suited to the case.
In some instances where evidence gathering is difficult, we will seek professional witnesses, and use modern surveillance techniques and other technological advances in this area if they can assist.

When dealing with a complaint of anti social behaviour, Phoenix will:

If necessary, order emergency repairs and additional security measures to secure the property (this service would be available to leaseholders the leaseholder would be charged for it);
Decide if any emergency action is needed and arrange an action planning meeting with relevant agencies;
With the complainant's permission, ask other appropriate officers to "keep a look out";
Put the complainant in touch with other residents or groups who may be able to offer additional support;
Deal with the complaint as quickly as possible;
Contact the person(s) complained about (or the tenant/leaseholder if complaint is against their family/visitors). Phoenix will work with them to resolve the problem, issue appropriate warnings and take any necessary action;
Where anti-social behaviour is a result of support needs not being met (for example, people with mental health problems or substance abuse problems), Phoenix will take contact relevant agencies for intervention or support;
Check to see if there are any other complaints of a similar nature on file about the alleged perpetrator;
Keep any information strictly confidential;
Ask the complainant's permission if information needs to be shared with another agency, or the defendant or their solicitor (in cases where legal action is taken);
Work with other agencies (e.g. the Police, Environmental Services and Social Services) to try to resolve the problem;
Formulate an agreed action plan, with other agencies if appropriate, and with timescales and named responsible officers included
Keep the complainant informed of progress by contacting them at least once every 4 weeks until the complaint has been closed.
Phoenix will always directly monitor the actions taken by other agencies and record and follow up any new developments reported.

Action against antisocial behaviour

Phoenix will adopt a pro-active approach to complaints of antisocial behaviour and be committed to taking appropriate action to solve problems. The appropriate course of action will depend on the severity and particular circumstances of each reported case, but Phoenix will take consistent and firm action against all perpetrators and use all appropriate solutions and legal remedies available including:

Enforcing the Tenancy Agreement (which has clauses on anti-social and/or criminal behaviour) as appropriate, including applying for possession of the perpetrator's property and eviction in extreme cases
Referral for mediation
Issuing warnings against specified behaviour
Acceptable Behaviour Contracts
Applying for Anti-Social Behaviour Orders (ASBOs) or injunctions
Applying for the demotion of the perpetrator's tenancy
Seeking forfeiture of the lease in serious cases if the perpetrator is a Phoenix leaseholder

Phoenix will also examine the feasibility of recharging perpetrators for damage caused.

Perpetrators will be kept informed of intended actions at each stage and be given opportunities to change and demonstrate their continued improved behaviour at each stage.

Closing cases

When a case is resolved, or if, after investigation, it cannot be taken any further, Phoenix will:

Explain fully the reasons for closing the case and how the case could be re-opened in the future if necessary.
Give advice on what to do next.

Setting standards

Phoenix will make sure that tenants and leaseholders understand what is considered to be antisocial behaviour by:

Setting clear policies and service standards for managing antisocial behaviour in consultation with tenants and leaseholders
Using starter tenancies if appropriate to ensure that new tenants behave responsibly
Having a robust and thorough tenancy agreement which outlines tenancy rights but just as importantly tenancy obligations.
Explaining the rights and obligations contained within the tenancy agreement during the sign-up procedure for each new tenancy
Explaining Phoenix's Anti-Social Behaviour policy in detail, and the standards of behaviour expected from Phoenix tenants as part of the sign-up process
Carrying out follow up visits to new tenants to ensure that they understand their rights and responsibilities
Stressing that tenants, leaseholders and freeholders are responsible for the behaviour of their family and visitors, and that action will be taken against them if their family or visitors cause anti-social behaviour
Making it clear to parents that they will be held responsible for their children's behaviour
Publicising successful action against perpetrators
‘Naming and shaming' the worst perpetrators where appropriate.

Clear expectations

Phoenix does not always have the power to do what residents who are suffering because of antisocial behaviour would like. It will:

Be clear about what it can and cannot do in its communications with residents generally, and in individual cases
Work closely with other agencies such as the police and environmental health to make sure that all relevant solutions to antisocial behaviour problems are implemented where appropriate

Training staff

Phoenix will ensure that its staff are trained and developed so that they have the specific skills needed to tackle anti-social behaviour and to work with and support communities to tackle problems as they arise. This will include:

Training all front line staff to be able to advise on this policy and make appropriate referrals (e.g. to the housing officer, dedicated anti-social behaviour team etc)
working with and supporting communities to tackle problems as they arise
gathering evidence against perpetrators
offering support to victims and witnesses.

Prevention

Phoenix understands that prevention is better than cure and would also be committed to working to prevent anti-social behaviour. Phoenix will:

work with the young people on estates in conjunction with the Council, Sure Start, schools, youth services, voluntary organisations and other agencies to provide leisure activities, facilities and opportunities for young people
Work with the Council, RSLs and other stakeholders to promote the expansion of neighbourhood warden schemes with increased cover at times (such as evenings) when anti-social behaviour is more likely to occur
investigate increased use of CCTV, modern surveillance techniques and latest technological advances to prevent antisocial behaviour
Seeking all opportunities to secure additional funding to tackle anti- social behaviour from any available sources
Consider offering a management service for leaseholders who wish to let their properties, whereby Phoenix could, for a charge, manage properties on their behalf. This will help to ensure that such properties are well managed and that the tenants know their responsibilities in terms of anti social behaviour and other factors
Tackle unauthorised occupancy

Detailed procedures

Further detailed procedures will be developed to accompany this policy, outlining the type of actions to be taken and the timescales for such actions. The actions, which include immediate responses in serious cases, are incremental in nature. Assessment and courses of action are all dependent on the severity of each reported case.

Phoenix will develop detailed racial harassment and domestic violence policies to complement this policy in the post ballot period.

Monitoring progress

Clear records will be kept of all reports of anti social behaviour and all cases will be monitored to ensure they are followed up.

Individual complainants, victims and any witnesses will be kept informed of progress at all stages.

Support for victims and staff

Phoenix recognises that threats and fear can prevent people from reporting or following up action against perpetrators of anti social behaviour. To tackle this, Phoenix will give the utmost priority to supporting victims and staff both during and after cases.

Phoenix's dedicated anti social behaviour team will be specially trained to gain the trust and confidence of witnesses, and to take whatever action is necessary in each individual case. This could include:

Applying to the court for an immediate order so as to provide some immediate respite;
Assessing the need for witness protection measures, (such as increased security - new locks on windows and doors, a panic button);
Using professional witnesses, hearsay evidence, anonymised witness statements and surveillance equipment where people are too scared to come forward.
Arranging support as necessary from such services as Victim Support and the Police's Domestic Violence Unit

Phoenix recognises that the most effective support can often be provided by witnesses themselves to others in a similar situation. Phoenix will work with other partners, including the Lewisham Crime Reduction Partnership, to develop peer support and witness support groups as well as sharing experience and best practice.

Working in partnership

As a landlord, Phoenix recognises that it cannot tackle anti social behaviour in isolation, and it will work with the police and other key partners locally such as schools, Lewisham Council's Social Care and Health department, Sure Start and the Youth Inclusion Support Programme.

Along with Lewisham Council and other registered social landlords, Phoenix will play an active role in the Lewisham Crime and Disorder Reduction Partnership, which brings together statutory and other key partners (such as the police, probation service, fire brigade, primary care trust, council, youth service) to tackle crime and anti social behaviour. Phoenix will enter into a protocol with Lewisham Council's Crime Reduction and Supporting People Service in order to:

Co-ordinate cross-borough responses to crime and anti-social behaviour in respect of housing management issues.
Improve information-sharing and joined-up work for an effective response to incidents of crime and anti social behaviour.
Support the aims of ‘A Safer Lewisham: A 3 year Partnership strategy to reduce crime, anti-social behaviour and drug misuse', Lewisham Council's Anti Social Behaviour Strategy, and Phoenix's Anti Social Behaviour Strategy.

Phoenix will work with Lewisham Council and the police to identify and remove untaxed vehicles, and will regularly share ‘trouble hot spot' information about anti social behaviour with all relevant agencies so as to better anticipate future trends of anti-social behaviour and hate crime.

Improving security through investing in homes

Through its initial improvement and repair programme and through continued investment in its homes, Phoenix will ensure that every effort is made to ‘design out' crime and anti social behaviour. Examples of how Phoenix would do this include:

Installing new and improved security measures to deter crime, both in the home and surrounding area
Improving security for new and existing doors and windows, and ensuring they comply with current legislation and ‘Secure by Design' standards
Installing fencing and gates to properties (where appropriate)
Securing alleyways by the installation of gates
Security systems for estates (e.g. entry phones)

New and improved lighting, particularly around the homes of more vulnerable residents such as designated elderly blocks.
Consulting the police, wardens, residents and caretakers when carrying out security schemes and redesigning or landscaping communal areas of blocks and estates.

Equality and Diversity Implications

Phoenix is committed to taking seriously all complaints of harassment, bullying, discrimination or victimisation, investigating and responding accordingly.

Phoenix recognises that minority groups are both more likely to be victims of anti-social behaviour and feel unsafe in their homes. Phoenix will ensure that staff are trained to deal with these cases and are able to follow the multi-agency approach essential to addressing such issues. Phoenix will ensure that it complies with the Housing Corporation's Good Practice Note 4 which specifically mentions harassment of minority communities.

Responsibility

The Director of Operations will be responsible for the effective implementation of this policy.

The Director of Operations is responsible for ensuring that all staff are aware of and appropriately trained in Phoenix's procedures relating to anti-social behaviour.

The Director of Operations will also be responsible for ensuring effective links with the Police, Lewisham Council, other Registered Social Landlords and other agencies at a strategic level ensure that Phoenix can contribute to wider issues in relation to crime and disorder.

Consultation

The Director of Operations will ensure that this policy continues to be developed and improved in accordance with the Phoenix Community Empowerment Policy.

Review

Phoenix will monitor the effectiveness and implementation of this policy, including obtaining feedback from those who have used the service, to ensure that it achieves its aims of protecting the tenants and residents of its communities.

In addition, Phoenix will closely monitor anti-social behaviour cases and the services provided to tackle it. Phoenix will work closely and liaise with other social landlords in the area to benchmark its effectiveness in relation to anti-social behaviour.

Performance

Phoenix will provide ‘high level' performance information in this service area for monitoring purposes by the Board, a designated sub-committee and the Phoenix Residents' Group.

Headline performance information will be reported to tenants and leaseholders on a regular basis, through a variety of means. More detailed performance information will be available upon request and as required.

Any review of this policy will take place in conjunction with Phoenix tenants and leaseholders and will ensure that it takes account of legislative changes and the development of best practice initiatives internally or externally so that improvements in performance can continue to be made.

Associated Documents

Racial Harassment Policy
Relationship Breakdown Policy
Equality and Diversity Policy
Customer Care Policy
Community Empowerment Policy
Anti-Social Behaviour Procedures
Phoenix's Tenancy Agreement
Phoenix's Tenants Handbook
Customer Charter on Anti-Social Behaviour

Turn on Text to Speech

Picture gallery

Phoenix 3rd Festival 1st May 2010
See lots more pictures of the Phoenix area in our Picture Gallery.