Introduction
This policy addresses how we will approach anti-social behaviour (ASB) case management in light of the changes made due to the Anti-social Behaviour Crime and Policing Act 2014.
Anti-social behaviour can constitute a variety of behaviours that negatively impact upon other people. There are a few definitions within legislation, such as behaviour that causes or is likely to cause 'harassment, alarm, distress, nuisance or annoyance' to any person, depending on which particular power is being considered.
As a general rule, however, tackling ASB is about protecting people from the unreasonable behaviour of others, of which there can be varying degrees, as such there is much scope as to what ASB is.
When assessing the need to enforce against anti-social behaviour an officer will consider the
- frequency,
- seriousness,
- impact (potential for harm or amount of harm caused) and
- unreasonableness of the reported behaviour.
When considering the enforcement options available this policy will seek to give alleged perpetrators ample opportunity and warning to alter their behaviour before legal action is brought. The length of investigation will therefore vary depending upon the seriousness of behaviours and risk of harm posed to any person.
Complaints regarding ASB may arise from incidents that may have taken place before formal action, some of which may also be criminal offences. Behaviour which may appear to be 'low level' offending can have a cumulatively devastating impact on people's lives when this occurs over time. Looking after the welfare and interests of victims is paramount.
This policy also seeks to manage the expectations of complainants, cases may develop over a period of time (causing frustration) and some complainants may have unreasonable or unrealistic expectations of what can be done under the circumstances.
Below are some of the key elements to be considered in ASB cases. Any investigation needs to be flexible and adjusted according to evidence, ongoing assessments of risk and the needs of all persons involved. There is often a balance to be struck between supporting an ASB perpetrator to change and enforcing change. This document will detail the powers that we have however a principle will be that any case put before the court will be able to demonstrate that there was no reasonable alternative left but to take legal action.