Antisocial Behaviour and Hate Incident Policy

On this page:

Introduction
Aims
Tackling Antisocial Behaviour and Hate Incidents in Reading – an overview
Definition of Antisocial Behaviour
Hate Incidents and Hate Crime
Delivering an Antisocial Behaviour and Hate Incident Service in Reading
The Housing and Communities Approach
Case Management
Victim Support and Service Standards
Community Right to Review
Vulnerable Perpetrators
Reporting Antisocial Behaviour and Hate Incidents
Service Standards and Service Improvements
Working in Partnership
Information Exchange and Confidentiality
Equality and Diversity
Legal Framework

1. Introduction

Reading Borough Council’s Housing Service is committed to reducing ASB in the borough. We know that by improving the environment in which our residents live we will create a brighter future for communities across Reading.

Our approach to tackling Anti-Social Behaviour (ASB) and Hate Incidents is three pronged – prevention, intervention and enforcement. While often necessary, enforcement action is a last resort to be used only when other more constructive measures have been exhausted or to safeguard others in an emergency. We firmly believe that partnership work plays an important part in addressing the issues associated with anti-social behaviour, and multi-agency working is engrained in the Service’s approach to ASB and Hate Incidents.

2. Aims

This is a policy which sets out how the Housing and Communities Service responds to ASB and Hate Incidents. It does not cover how other services within the Council which deal with Environmental ASB or Statutory Nuisance. The Policy sets out Reading Borough Council’s and its Tenant Service’s view of what ASB is, what our service standards are and what we want our services to achieve for victims and witnesses of ASB and Hate Incidents.

In particular, the aims of this policy set out how the ASB Service will deal with ASB and Hate Incidents in Reading by:

Taking timely and proportionate action to address serious or persistent ASB that is causing harm, fear, or distress to individuals or the community.
Responding appropriately and sensitively to hate incidents, recognising their impact on individuals and communities, regardless of whether the behaviour amounts to a criminal offence.
Encouraging the reporting of ASB and Hate incidents by promoting a service that is focused on the needs of victims and witnesses.
Being clear about what the ASB service will and will not investigate under this policy, ensuring the expectations of residents are managed and met.
Offering tailored advice, support, and referrals, where appropriate, to help victims and witnesses feel safe and informed throughout the process.
Working in partnership with key agencies and stakeholders, including the police, effective response to ASB and Hate incidents.

How we deal with ASB on a day-to-day basis is explained in our ASB Procedure and sets out a 6- stage process. This process is designed to be flexible, to enable Officers to ensure the process remains victim focused.

3. Tackling Antisocial Behaviour and Hate Incidents in Reading – An Overview

Our Role as a Social Landlord

The Anti-Social Behaviour Act 2003 sets out the powers Reading Borough Council has to deal with ASB issues affecting the properties we manage. As a landlord, we have different duties and powers to those we have when dealing with ASB and Hate Incidents in the wider community. The powers we can use and in which circumstances are set out in the ASB Procedure document.

The Role of the Regulator of Social Housing

Reading Borough Council is a registered social housing provider and recognises the importance of adhering to the standards set by the Regulator of Social Housing (RSH). The RSH sets out a framework of regulatory standards, including the Neighbourhood and Community Standard, which expects landlords to work in partnership with other agencies to prevent and tackle ASB and Hate Incidents in the neighbourhoods where they own homes.

This Policy has been developed in accordance with the requirements of the RSH and demonstrates our commitment to:

Providing a clear, consistent, and victim-focused response to reports of ASB and Hate incidents.
Taking appropriate and proportionate action where ASB and Hate incidents have occurred.
Working with residents, partners, and stakeholders to ensure safe, cohesive, and respectful communities.
Monitoring and reviewing our ASB service to ensure it is effective and meets the expectations of residents and regulatory standards.

Our Role as a Local Authority and statutory member of Reading’s Community Safety Partnership

The Crime and Disorder Act 1998 states that as a Local Authority we must work in partnership with the police and other agencies, such as Probation and Health Authorities, to reduce crime and disorder in Reading. This work is guided through Reading’s Community Safety Partnership and its response to the annual strategic assessment.

4. Definition of Anti-Social Behaviour

ASB can mean different things to different people and there is no one single definition, however, when assessing if a case should be fully investigated, Reading’s Community Safety Partnership definition of ASB will be applied:

“Behaviour causing damage, disturbance, distress, harm or fear which has a significant impact on people’s lifestyles, routines or their environment. Persistence, intensity and the number of incidents involved are relevant factors. The behaviour need not be a breach of the criminal law.”

For the purpose of taking legal action in Reading Borough Council’s Housing capacity, the

following definition from the Anti-Social Behaviour, Crime and Policing Act 2014 will apply:

Conduct capable of causing housing related nuisance or annoyance to any person.

Categories of ASB

Whilst the term ASB covers a broad range of issues, The ASB Service focuses on the most serious types. Reading Borough Council believes that everyone has a right to enjoy their homes and are entitled to go about their daily lives without having concerns that complaints will be made against them. It is important that individuals show tolerance and be respectful of differing lifestyles and circumstances.

What the ASB service WILL investigate

Noise Nuisance (RBC properties and what falls under a statutory noise nuisance only)
Exploitation
Drug related Activity
Neighbour Disputes (of a severe nature)
Criminal damage
Rowdy Behaviour
Hate Incidents
Violence
Vehicle nuisance (vehicles being driven or ridden in an anti-social manner
Sex working
Street drinking
Intimidation, Harassment, Abuse

What the ASB service WILL NOT investigate

Noise nuisance caused by NON-Reading Borough Council tenants
Actions that are normal everyday activities or household noise (e.g. walking, using
toilet)
Children playing in their homes or the locality of their home
Complaints about other people’s lifestyles that offend others, for example parenting
styles
Cooking smells
Ball game nuisance
One off parties
Boundary disputes and parking issues
Low level neighbour disputes – Not all neighbour disputes should be dealt with as anti-
social behaviour.
Wheelie bin locations
Spreading rumours and alleged ‘staring’
Complaints about CCTV

If Reading Borough Council tenants are involved or they are taking place on Reading Borough Council housing estates, the following issues will be dealt with by Tenant Services separately from this policy.

Noise Transference
Parking
Animal problems
Untidy gardens/high hedges
Condition of property (non-garden)
Car repairs
Flytipping
Abandoned vehicles – On RBC Housing land
Alleyway (clearance of gating/overgrown)
Trees (if on housing land)
Street lights (if on housing land)
Domestic violence
Ball game nuisance

Neighbour disputes will not be dealt with under this policy in the first instance. For example, if there is a dispute over a boundary, driveway, fencing etc this will not be treated as ASB and will be dealt with under a separate Policy and Procedure. If the dispute escalates and ASB becomes present, such as abuse or threats for example, this behaviour will be dealt with under this Policy. Tenant Services will not follow this policy if these issues are reported to the Team.

4.1 Noise Nuisance

Noise reports within Reading Borough Council’s housing stock is an issue that is regularly reported to the ASB Service. Tenants must expect that whether they live in a house or a flat, they will hear some noise from their neighbours. This will vary depending on the type of property they reside in and how the noise travels between adjoining properties. However, residents are not expected to endure severe levels of noise nuisance, for example persistent loud music.

Noise reports are assessed on whether it is a noise nuisance report or noise transference. If the report is deemed to be a statutory nuisance, and if the report involves an RBC property, it will be investigated under this policy. If the report is assessed as not being anti-social, it will not be dealt with using the ASB policy or procedures. It may still be investigated using a separate Policy and Procedure, acknowledging that non statutory noise complaints can still have an impact on lives. However, Reading Borough Council intend to be clear on which noise reports will be dealt with as Anti-Social Behaviour or not.

Some examples of noise deemed to be Anti-Social are:

Very loud music played often and for long periods of times
Shouting and arguing that can be heard outside of someone’s property
Parties that emanate excessive amounts of noise, inconsiderate of neighbours

Defining a statutory nuisance

When we are considering if something is a ‘statutory nuisance’ or not, we are applying the objective standards set out by legal precedent rather than what someone might consider to be a ‘nuisance’ or an ‘annoyance’ in everyday language. Therefore, some things a resident may feel is an annoyance or a nuisance may unfortunately not be seen as one in the eyes of the law. Usually for a nuisance to exist it would:

unreasonably and substantially interfere with the use or enjoyment of a home or other premises
injure health or be likely to injure health

Examples of things that can’t be or have been found not to constitute a nuisance:

person/s carrying out DIY during the day and at weekends over a few weeks
noise from children playing in their garden or own home
an odour or smell coming from a domestic property e.g cooking odours
normal noise from aircraft, roads or railways
one off parties or a party which happens a couple of times a year
smoke and noise from a bonfire or fireworks on bonfire night
footsteps, talking, babies crying or television noise (non-excessive) from a neighbouring property that could be heard due to poor/substandard sound insulation between the properties

If you are experiencing noise that falls into these categories and aren’t a statutory noise complaint, it will be investigated by Tenant Services outside of this policy.

4.2 Criminal Activity

Primarily, acts of criminality should be reported to the police and the ASB Team will advise anyone reporting criminal activity to report it to the police. The ASB Service will support Thames Valley Police to tackle criminal activity in our neighbourhoods and will take action to enforce Reading Borough Council Housing tenancies in cases where criminal activity is linked to our properties or within the vicinity of the tenant’s home. In some cases, whereby criminal activity is occurring, it may be appropriate that we lead on some of the action required to deal with, and manage ongoing issues of criminal behaviour, for example, obtaining Injunctions under the Anti-Social Behaviour, Crime and Policing Act 2014 or using Absolute Grounds for Possession powers.

5. Hate Incidents and Hate Crime

Reading Borough Council uses the definitions of Hate Incidents and Hate Crime that are used by Thames Valley Police.

A Hate Crime is defined as “Any criminal offence which is perceived by the victim or any other person, to be motivated by hostility or prejudice based on a person’s race or perceived race; religion or perceived religion; sexual orientation or perceived sexual orientation; disability or perceived disability and any crime motivated by hostility or prejudice against a person who is transgender or perceived to be transgender.”

A Hate Incident is any incident which the victim, or anyone else, thinks is based on someone’s prejudice towards them because of their race, religion, sexual orientation, disability or because they are transgender.

Incidents may be against a person or a property. A victim does not have to be a member of the group to which the hostility is targeted. All reports relating to a hate incident will be responded to by the ASB Service within one working day and the team will work in partnership with the police to resolve the issue.

Reading Borough Council adopts a zero-tolerance approach towards Hate Incidents. When Hate Incidents occur and are evidenced, the ASB Service in partnership with our wider Housing colleagues and the Police will aim to take immediate and appropriate action.

A zero-tolerance approach means firstly adopting the harm centred approach, understanding the harm caused by the incident and acting accordingly to that and not the incident itself, then using the legislative framework available to ensure the incidents and harm stops, this could in the form of an injunction, for example.

Reading Borough Council will make attempts to ensure victims of Hate Incidents are supported, should consent be given.

We acknowledge that there are some occasions whereby people make comments online or display information in their homes or businesses, citing their right to free speech. Stop Hate UK sets out that in the UK, free speech means the right to seek, receive and share information and ideas with others, but this freedom must be used responsibly and can be restricted when

considered ‘grossly offensive’ or seen as threatening or encouraging hateful activity. This principle will be adopted in this policy.

6. Delivering an Antisocial Behaviour and Hate Incident Service in Reading

This policy acknowledges that environmental ASB, including Statutory Nuisance, is tackled by other service areas within Reading Borough Council, who operate within their own policies and procedures. This policy focusses on the Housing and Communities response to ASB.

The ASB Team

The ASB Team, has 3 Case Officers dedicated to providing a cross-tenure service to support victims of Domestic ASB occurring within properties, Hate Incidents and Exploitation and take appropriate action to resolve issues reported. This Team is also responsible for the managing Reading’s ASB Case Review Process

The Safer Public Realm Team

The Safer Public Realm (SPR) Team has 3 Case Officers who are dedicated to undertaking a problem-solving approach to tackle area based ASB within the Borough. The Team is also responsible for the Council’s operational response to removing unauthorised encampments on local authority land and providing advice to private landowners

Housing Association cases

Housing Associations are responsible for dealing with ASB and Hate Incidents involving their tenants. Cases which require a multi-agency response can be referred to a multi-agency problem solving meeting with a range of partner agencies to problem solve. The ASB Service will not case-manage these cases, but can provide guidance, if required.

Private Rented cases and Owner Occupier cases

The ASB team can open cases for privately rented properties who are experiencing ASB within their community. The ASB Service is unable to take action against private tenants, however, we can advise and support on interventions where appropriate and use a range on non-tenancy related tools and powers to deal with individuals living in private properties.

Responsibilities of Reading Borough Council Tenants

We consider that our tenants are responsible for their own behaviour, the behaviour of those people who live with them and the behaviour of people who visit their property. Informal and/or formal action may be taken against a tenant to address the behaviour of others who live with them or visit their property. Reading Borough Council’s Housing Service a has comprehensive Tenancy Agreement in place for all tenants, with a specific section covering ASB and Hate Incidents.

7. The Housing and Communities Service Approach

The ASB Service will treat people fairly and equally and ensure that a proportionate and reasonable approach is adopted to any action taken to resolve ASB and Hate Incidents

The ASB and SPR Teams use a variety of approaches to intervene as early as possible, resolving issues before they become problems. Early intervention could include Warnings, Mediation, Acceptable Behaviour Contracts (ABC’s) and Good Neighbourhood Agreements (GNA’s). An overview of these interventions can be found in the ASB Procedure.

The Teams will operate an Enquiry and Case Investigation model, with the enquiry stage allowing the Teams to determine if a full case investigation needs to be carried out and/or if immediate enforcement action needs to be taken. The ASB Service reserves the right not to investigate a case where there is evidence that the complainant is being unreasonable, vexatious or vindictive. In these circumstances, the complainant will be advised of this assessment and the reasons.

When deciding on what action to take, the ASB Service will ensure that any action, particularly legal action, is both reasonable and proportionate, taking into account all the facts of the case. There will often be difficult decisions for the council to make and at times, this may mean the action taken is not considered adequate by the victim/witness. Officers will explain the reasons why decisions have been made in all circumstances. The Teams will take into consideration the view of those involved in the case. Ultimately it will be the Council’s decision regarding what action is or is not taken.

The Council will take proportionate and timely action to deal with reports of ASB and Hate Incidents. All actions considered will have due regard to the council’s public sector equality duty under section 149 of the Equality Act 2010. The action taken will be proportionate to the severity, impact and frequency and frequency of the ASB, and the evidence available to support the case. In most cases legal action is not necessary. However, the Council will take legal action if it is appropriate do so.

8. Case management

The ASB and Hate Incident Procedure sets out in detail how ASB and Hate Incidents can be reported, initial response times based on risk, how reports of ASB and Hate Incidents will be assessed and how reports may progress into a case investigation. Cases will only progress if they are of a persistent and significant nature. In low level situations, Complainants will be encouraged to try and resolve the situation themselves in the first instance. In most instances, perpetrators of ASB and Hate Incidents will be given the opportunity to improve their behaviour before the decision is made to take enforcement action. However, it is necessary to balance the needs of the individual against the needs of the victims and wider community. If it is essential to act to protect the needs of the victims and community, we make every effort to ensure that this is both swift and effective.

Initial response times as per table below, are based on risk, however the table is flexible depending on the severity of the initial report.

Category	Definition	Threshold	Initial report response time
Urgent High risk (People)	Incidents which are considered have a serious risk to individuals or neighbourhood, e.g. Violence or threat of violence Hate Incidents Cases which may have been classified as a lower risk originally which have escalated to high risk Arson Incidents classified as high risk must be reported to the police on 999.	1 Incident	1 working day
Persistent nuisance Medium risk, (People)	Incidents which amount to unreasonable or persistent behaviour e.g. Aggressive and abusive behaviour Drug related activity Persistent problematic visitors Noise nuisance	8 separate incidents reported over a month	3 working days
Non- Urgent Low risk	Incidents which amount to low level nuisance e.g. Noise nuisance Vehicle nuisance Begging Street Drinking	Fewer than 8 Separate incidents reported over a month	5 working days

Enquiries and cases will be allocated to the appropriate Team and Officer who covers the area in which the ASB or Hate Incidents reported are occurring in. If an Enquiry is progressed into a case investigation, the Officer carrying out the enquiry will lead on the case and any subsequent interventions and enforcement action to ensure an effective resolution.

The ASB and Hate Incident procedure follows the 6 stages, set out below:

Stage number	Stage name	Description
Stage 1	Initial enquiry and Assessment	All cases and reports that are received by the ASB Service
Stage 2	Case Investigation	Monitor ongoing reports, in liaison with victims of ASB.
Stage 3	Case Review	Assess level of risk, persistence and impact, working with victim to address the problem
Stage 4	Interventions	Collate evidence to support informal or legal remedies if ASB/ Hate Incidents persist
Stage 5	Legal remedies	We will look at possible action that could include possession orders
Stage 6	Case closure	Case will be closed if ASB/Hate incidents stop, it can’t be proven, or there is lifestyle clash etc.

Cases may move between stages depending on nature and severity of behaviour.

Stage 1 – Initial Enquiry and Assessment.

The initial enquiry is triggered upon the receipt of a new report of ASB/Hate Incidents. It establishes whether an initial investigation will be required and will provide the allocated Officer information to make a judgement as to how severe the complaint is and whether urgent enforcement action is required.

The Enquiry period lasts a maximum of 4 weeks. At any point during this stage, the enquiry may be converted to a case, if the thresholds are met. If insufficient information is provided to meet the threshold for a case investigation, the enquiry will be closed, and the complainant will be advised of this.

Contact will be made with complainants within the timescales set out above. If the ASB Officer is unable to contact the complainant after 2 attempts by telephone, a letter will be sent to encourage contact. If the complainant does not contact the ASB Service within 10 working days of the letter being sent, the Enquiry will be closed.

During this process, we expect any diary sheets asked for, to be completed, and returned to the allocated Officer. In RBC Housing noise nuisance cases, if we ask for submissions via The Noise App, these are submitted.

Action Plan

At this stage the allocated Officer will set up an Action Plan, which will be used to record the chronology of incidents, actions set and taken by the officer and other agencies, including any multi agency meetings, referrals to agencies for support, requests for information and the risk assessments. Forthcoming actions will also be recorded, e.g., when contact is due, when a new risk assessment is due to be carried out.

Stage 2 – Case Investigation.

If an enquiry converts into a case investigation, the Officer will begin the evidence collation process. The Officer will continue to engage with the victim/witnesses involved in the case to ensure they continue to provide information to enable the officer to resolve the case effectively. It is important to note at this stage that a case may escalate at any time and more urgent action may be required.

The Case Officer will contact the victim/witness advising them that the case is progressing to a full investigation. Regardless of whether the Officer meets in person or liaises with the victim by telephone, the Officer will follow an interview plan to obtain further information, set out clear expectations, establish if there are any support needs and reassure the victim/witness. This interview plan is set out in the ASB and Hate Incident Procedure.

Evidence gathering

The Officer will endeavour to gather evidence in a number of ways to support the case. This will include:

Interviewing victims/witnesses and perpetrators
Taking statements
Liaising with Thames Valley Police regarding any reports which may have been made to them
Sourcing any CCTV footage
Noise Monitoring Equipment/The Noise App recordings
Speak to other agencies
Door knocks
Site visits

This process will take place over a 2-month period before an initial case review is conducted. The victim/witness will be expected to continue reporting incidents through the agreed channel throughout the duration of the case. Where this does not happen, the case may be closed due to lack of information.

Stage 3 – Initial Case Review.

After 2 months of the case being opened, if the case has not progressed onto stage 4 or 5, the Officer will carry out a case review to establish if the case should be closed or progressed further. This will depend on the evidence provided and if the ASB/Hate incidents are considered to be persistent and severe.

The following actions may apply:

No further action – case closed (stage 6)

There are several reasons why a decision is made to close the case at this stage, for example,

No reported incidents received.
There is insufficient evidence to identify a perpetrator
Evidence provided is found to be unreliable
The complainant does not support action

If the Officer is considering closing the case, they will advise the victim/witness at the point of the 2-month monthly contact and set out why they are considering closing the case. Following the discussion, the Officer will decide to close or monitor further and advise the victim/witness how long they will monitor for. This should be for no longer than 1 month. If there are still no opportunities to progress the case, the Officer will discuss closing the case with the relevant Team Manager.

While all ASB and Hate Incident reports that progress to a case investigation will be investigated fully, there may be cases where there is little action that we can take in response to a complaint. For example, if there are counter allegations and no supporting evidence from either party.

ASB/Hate Incidents are continuing

The Officer will continue with Stage 4. Cases will continue to be reviewed on a monthly basis after this point. If there are no reported incidents for a 4-week period or the incidents have reduced significantly in persistence and severity so that they no longer meet the threshold, the Officer will consider closing the case and will discuss this with the victim at the next monthly contact, setting out why they are closing the case.

Stage 4 – Interventions.

The ASB Service will use a range of interventions to try to put a stop to ASB and these will often be used in the first instance. As each case is different, we are committed to finding the most appropriate intervention for the relevant case. However, a few of the most commonly used interventions are outlined below for the purposes of reference:

Verbal warnings/Words of advice
Warning letters (Tenancy/Community Protection)
Mediation
Acceptable Behaviour Contracts
Good Neighbourhood Agreements
Community Protection Warning and Notice

A full range of interventions available are set out in the ASB and Hate Incident Procedure.

If these interventions do not reduce the ASB/Hate Incidents, the case will be considered for legal action. However, insufficient evidence can threaten the success of legal action and lead to an inefficient use of finite resources.

Stage 5 – Legal Remedies.

The ASB Service acknowledges the significance of enforcement action. Reasonableness and proportionality will be at the forefront of any legal action that is considered. The ASB Service will, if necessary, seek advice from the Council’s legal team before taking the decision to proceed with legal action, to ensure that it is an appropriate, reasonable and proportionate step to take.

For cases that persist and where alternative solutions have proved ineffective, legal action will be considered. In cases that require urgent action to safeguard individuals or the wider community, enforcement action will be taken as a matter of urgency.

The use of legal action will be decided by the Council and where relevant, in consultation with key agencies through the ASB Multi Agency Panel.

The types of enforcement that will be considered:

Legal Warning letter / Letter Before Action
Civil Injunctions with or without a Power of Arrest attached
Closure Orders
Community Protection Notices
Criminal Behaviour Orders
Undertaking
Community Protection Notices

For persistent area-based issues, a Public Space Protection Order may be considered.

In addition, the following will apply to Reading Borough Council Housing tenants:

Demotion of Tenancy
Notice of Seeking Possession (NOSP) or Notice of Proceedings of Possession (NOPP) in cases of Introductory Tenancies
Possession Orders
Notice of Seeking Possession on Mandatory grounds for introductory or non-secure tenancies.
Notice of Seeking Possession on Absolute Grounds
Recovery of any legal costs

External factors beyond the control of Reading Borough Council can impact the progression and speed of cases, for example the availability of court dates. Any delays will be communicated appropriately to the victims and witnesses.

In cases where legal action has been taken, these will remain open until the legal action has concluded and the ASB/Hate Incidents have stopped.

Stage 6 – Case Closure.

The accompanying ASB and Hate Incident procedure is designed to ensure that cases are not open for longer than necessary. However, it is important to ensure cases are closed appropriately. Cases will only be closed with the approval of the relevant Team Manager Cases may be closed at any stage due to one of a number of factors, including:

Lack of co-operation from the victim/witness.
Establishing the incident did not take place.
Determining the issues reported are not considered by the ASB Service as ASB.
Not having enough evidence to prove the matter to the relevant standard of proof.
The ASB/Hate Incidents have stopped and risk of further issues is low.

Officers will communicate to the victim/witness when a case will be closed and the reasons why.

The full details of the following procedure are set out in the accompanying ASB Procedure document.

9. Victim Support and Service Standards

The support for victims and witnesses of ASB and Hate Incidents, provided by ASB Service will vary, depending on the type of ASB and Hate Incidents they are experiencing. The Officer will also make referrals to other support agencies, as and when required.

Once an enquiry has converted into a case, the following service offer will be in place for victims and witnesses:

There will be one point of contact for the victim or witness throughout the process of resolving their complaint.
Regular feedback regarding the progress of their case will be provided – officers will update victims and witnesses at least once a month, maybe more often depending on the severity of the case.
The ASB and Hate Incident procedure is thoroughly explained to all victims and witnesses and realistic expectations are set.
Victim support tailored to the needs of each individual, either through our Housing & Energy Support team or referrals into external agencies.
Full support will be provided if the victim has been asked to attend court to give evidence, including providing an escort and pre-meet for any court hearings.
The homes of victims will be assessed for additional support and safety measures.
Referrals to victim support agencies if they have been subject to a crime.
If necessary, safeguarding referrals to Adult Social Care and/or Brighter Futures for Children.
If at immediate risk due to severe ASB or Hate Incidents, referral for a Management Transfer in line with the Allocations policy.
Correspondence to be translated into different languages or easy read copies if required.

10. ASB Case Review

The ASB Case Review allows victims of persistent ASB to request a review of their case. Once a Case Review has been requested, the relevant agencies, which may include the local authority, police, health providers and/or social housing, will work together and decide whether any further action can be taken to resolve the issue.

The ASB Case Review cannot be used to make complaints against individuals who have worked on cases as it is not a complaints process.

A separate procedure for processing ASB Case Reviews sets out the roles and responsibilities of the ASB Service. An application for a review can be received at any time where it is considered that ‘no action’ has been taken and,

The last reported incident is within 1 month of the application for a case review
At least three separate ASB incidents involving the same alleged perpetrator(s) or household, have been reported from one person within a 3-to-6-month period of the first report that have been made to either, the police, local authority (including Environmental Health or Housing) or a registered social landlord
Five or more separate ASB incidents reported by a group that have been made within 3- to-6-month, period.
Five or more Hate Incidents have been reported within the past 3 months, involving the same alleged perpetrator.

‘No action’ is considered as:

The reported problems have not been acknowledged i.e. no one has contacted the victim to advise what action would be taken.
The reported problems have not been appropriately investigated.
The victim’s vulnerability and/or the potential for harm has not been considered and
this has affected potential service delivery.
No action has been taken because information has not been shared between partners and this has affected potential service delivery.
The responsible agency has not engaged with or responded to requests for information.

In terms of the behaviour itself, what is seen as ‘Anti-Social ‘ will vary from victim to victim, and community to community. This is one reason why the way in which incidents of ASB are reported has changed; no longer solely focusing on the behaviour, but an emphasis on the impact it has on the victim.

Reading Borough Council including the police, local health teams and registered providers of social housing have a duty to undertake a case review when someone requests one and the case meets the above criteria. The ASB Case Review follow a procedure agreed under by Reading’s Community Safety Partnership as a statutory requirement.

11. Vulnerable Perpetrators.

We acknowledge that the vulnerabilities of some residents contribute to behaviour which can be considered anti-social to those around them. These vulnerabilities include but are not limited to, mental health issues, learning difficulties and substance misuse.

In cases where vulnerable perpetrators are involved, we will work closely with various support agencies with the aim of improving the behaviour of a tenant. If it is felt that the tenant in question cannot sustain a general needs tenancy, we will advocate relocating them to more suitable accommodation. The ASB Service regularly makes referrals to a range of support services, including the Community Mental Health Team, and treatment providers for substance and alcohol misuse, and will work alongside partner agencies to ensure appropriate support is provided. Cases can be referred to a multi-agency problem solving meeting to facilitate joint working and ensure a co-ordinated multi-agency approach.

12. Reporting ASB and Hate Incidents

Victims and witnesses can report via the following methods:

Telephone (via Council’s call centre) Tel 0118 937 3787
Report antisocial behaviour online form

When reporting ASB, it is important to provide as much information as possible such as:

Time
Location
Names or descriptions of those involved
Witnesses
How it made you feel
Any injuries
Were the police involved (if yes, crime reference number and arrests)

The ASB Service acknowledges that victims of ASB and Hate Incidents may wish to report anonymously due to being frightened. However, we do encourage people to come forward in person where possible, to enable Officers to gather all relevant information to conduct a thorough investigation.

If reporting noise nuisance, this can be done by downloading the Noise App on a smartphone.

Multiple and unreasonable reports of ASB and Hate Incidents where a customer persistently submits reports that are not upheld or are deemed to be unreasonable, we will take reasonable action to stop this. If reports are being raised with multiple people within Reading Borough Council, we will work the Council’s Customer Relations Team to introduce one point of contact. If reports are deemed to be malicious or for personal gain and are impacting on our ability to carry out our daily management functions, we may consider enforcement action.

If you are not satisfied with the service you have received from the ASB Service, you have the right to complain under our corporate complaints policy.

13. Measuring Success and Service Improvement.

We are committed to continually improving our ASB service. We will use resident feedback, complaint trends and performance data to ensure our services align with the expectations of the communities we serve and the Regulator. We measure our success and drive service improvements through the following:

How we measure success:

Customer satisfaction – through results from Tenant Satisfaction and Close Case Surveys
Resolution rates – the number of cases resolved successfully and within appropriate timescales
Response times – how quickly we acknowledge and act on reports
Audit outcomes – quality and consistency checks through regular case reviews
Feedback from residents and partners – used to identify areas for improvement How we improve the service:
Conducting annual Tenant Satisfaction Surveys
Carrying out annual Community Safety Surveys
Using feedback from Closed Case Surveys
Performing regular internal audits of ASB cases by Team Leaders
Ensuring ASB Officers are professionally qualified and all necessary training is up to date

Collaborating with Tenant Participation teams and community members to ensure the service reflects local priorities.

14. Working in partnership

Reading Borough Council recognises the importance of partnership working, both with other agencies and residents and will ensure that partnership is factored into the management of cases. It may be more appropriate for other agencies to take the lead in some cases, however, the ASB Service will take the lead and appropriate action when necessary.

15. Information Exchange and Confidentiality.

Information Sharing

Reading Borough Council’s ASB Service is signed up to Reading Community Safety Partnership’s Information Sharing Protocol. Officers are trained to have solid awareness of these procedures to ensure legal and safe sharing of information. It may be necessary to share information as part of the Team’s investigations: this process will be used to facilitate this.

Handling data

The ASB Team ensures that all data handled by the team is:

Collected for a specific and legitimate purpose and is not used for anything other than this stated purpose.
Processed lawfully, fairly and in a transparent manner.
relevant and limited to the requirements for which the data is processed.
accurate and kept up to date, with any identified inaccuracies amended or removed without delay.
Stored for as long as required, in line with the ASB Team’s Privacy Notice.
Secured using appropriate solutions, which protect against unauthorised or unlawful processing.

The ASB Team’s Data Processing Notice is available on Reading Borough Council’s website: www.reading.gov.uk/council/data-protection/

Consent.

The ASB Team will ask victims and witnesses for consent, in the format of a consent form, to take action; to ensure that they are in agreement with the action we are taking; and to refer to any support services. In cases where consent is not given to action being taken and where the ASB can be witnessed without the help of the victim or witness, the ASB Team will investigate this, but will ensure there no risk is posed to the victim.

The ASB Team will also ask consent in cases when the victim/witness wishes for another person to liaise with the team on their behalf.

16. Equality and Diversity

The Equality Act 2010 provides people with a protected characteristic protection from direct or indirect discrimination, harassment or victimisation. This policy is designed to be inclusive, regardless of protected characteristics. The service provided is designed to meet a range of different needs of those who use our service and those whom action may be taken against.

When considering and taking legal action against anyone involved in ASB or introducing a Public Space Protection Order, the Council will ensure that it complies with its Public Sector Equality Duty. The Officer dealing with the case will carry out an Equality Act Assessment to demonstrate, amongst other things, that any protected characteristic the perpetrator(s) may have, whether they have any support services in place and whether the proposed action is a proportionate means of achieving a legitimate aim has been taken into consideration by the council and to ensure that the legal action proposed is a proportionate, reasonable and appropriate response to the ASB and Hate committed.

17. Legal Framework

This policy has been informed by the legal and regulatory framework for tackling ASB and Hate Incidents, including:

Anti-Social Behaviour Act 2003
Anti-Social Crime and Policing Act 2014
Housing Act 1985
Housing Act 1996
Crime and Disorder Act 1998
Equality Act 2010
Human Rights Act 1998
General Data Protection Regulation (GDPR) 2016
Data Protection Act 2018
Social Housing (Regulation) Act 2023
Regulatory for Social Housing – Consumer Standards
Local Government Act 2000

Last updated on 06/08/2025

Antisocial Behaviour and Hate Incident Policy