Investigation Process
Diary sheets
On making a complaint we will ask a complainant to keep a record of details of any incidents that affect them, it is a standard means of gathering evidence and information to assess the level of ASB and what action can and should be taken. The value of diary sheets is not only in the first stage of assessing the level of impact but at all stages it helps to assess the impact of our involvement in the case, and if necessary to guide a judge on the impact of the behaviour to individuals.
It is important for complainants to record how the behaviour affects them, as this not only helps monitor impact on their quality of life and therefore what action must be taken to protect from it, but is also important for the judge to know the impact of the behaviour on which he/she may be making a judgement.
An example of our diary sheet is located in appendix A.
Warning Letters
The purpose of a warning letter is to clearly explain to the alleged perpetrator what the issues of concern are, what is expected of them (i.e. modified behaviour) and what the consequences could be of failing to cease further anti-social behaviours. They also perform a second important function of being good evidence in court of what information has been provided to the offender in efforts to address their behaviour, and help to overcome restrictions imposed on the local authority of carrying out covert directed surveillance under the Regulatory Investigatory Powers Act 2000 (as amended).
Any allegations made within a letter will normally detail date and time (where possible) and make it explicitly clear what the matters of concern are. This also allows the person being complained about a right to respond to the letter and challenge the content should they feel it contains inaccuracies. A warning letter will also detail the potential consequences and refer to the specific legislation that may be used should the ASB continue.
Any series of warning letters should be seen as a continued effort to resolve the matter informally. They may refer to previous warnings to highlight the continuing nature and as things escalate, the seriousness of tone may escalate also. It must be remembered that these documents may be produced in court as evidence of the reasonableness of the investigating officer's actions in the case (and the unreasonableness of the defendant's).
Monitoring and recording equipment
Officers from Environmental Health will arrange to visit a complainants' property at times when it is felt that we are most likely to gather evidence of the anti-social behaviour. We will usually visit up to three times, as if we have not obtained evidence during these three visits then it is unlikely we will reasonably do so.
The Council also has access to calibrated noise monitoring equipment and may deploy this equipment where it is felt appropriate to do so. The use of monitoring equipment will be viewed as being one visit.
Community Impact Statements
Specific guidance on community impact statements is available from the Crown Prosecution Service here. In general terms a statement is produced to details the concerns and priorities of a community that is complaining about ASB impacting on them. They can be compiled by the Police but may also be completed by an Officer of the Council.
The statement is there to provide additional relevant information to the case about the impact of the ASB. This may help officers to determine what actions should be taken or help in a prosecution to persuade a judge on the merits of the action taken.