Management of Antisocial Behaviour Policy

Introduction

The purpose of this policy is to explain this service provider’s position on and approach to different forms and degrees of antisocial behaviour of the people using the service, which could be causing offence and distress to other people, who include users of the service, staff, neighbours and members of the community at large.

The policy is relevant for premises based services including supported living and care homes.

The policy offers:

a definition of antisocial behaviour
a description of the different forms that antisocial behaviour can take
information on how different forms of antisocial behaviour can affect the health and wellbeing of other people as well as the person or people committing the antisocial behaviour
information on how the service attempts to deal with the antisocial behaviour of the people using the service and its consequences
information on how continuing or serious antisocial behaviour will be treated as a breach of the contract beaten the service provider and person using services
information on how the service supports its staff to respond to acts of antisocial behaviour as they experience it in the course of their work.

Policy Statement

This provider wants all the people using its services to live safely and happily in their accommodation and as members of their local community and neighbourhood. They should be able to live without disturbance, harassment, nuisance or fear from the antisocial actions of other people.

The provider does not accept any form of antisocial behaviour by anyone using our service as stated in our terms and conditions. We hope that we can prevent such behaviour by our staff working in partnership with the people using the service and the development of positive relationships between everyone based on trust and mutual respect. However we will take firm action to stop any antisocial behaviour that does occur and deal with it responsibly and appropriately.

This service provider is also mindful of its reputation and would seek to avoid any reputational damage from repeated complaints of antisocial behaviour concerning the people using its service, particularly any that might incur a “community trigger”. This is one good reason for seeking to prevent antisocial behaviour from developing and spreading and to take early decisive action if it does occur in any shape or form.

The service provider recognises that some antisocial behaviour will be related to individuals’ mental health, mental or personality disorder. Where this is the case the provider will take all factors into account in investigating and deciding on that person’s behaviour, where necessary with other professionals who might be involved with the person.

The service provider will always ensure that it does not discriminate against anyone either as a perpetrator or victim of antisocial behaviour because of their having protected characteristics as defined by the Equality Act 2010.

It will also ensure that a person who might not be able to take the relevant decisions because of their mental incapacity and who might be involved in antisocial behaviour as perpetrator or victim receives all the necessary support they need in line with mental capacity law.

What is Antisocial Behaviour?

The service provider has adopted the definition of antisocial behaviour in the Antisocial Behaviour, Crime and Policing Act 2014, and which is reflected in the (England and Wales) government Anti-Social Action Plan (May 2023). There, antisocial behaviour is defined as:

conduct that has caused, or is likely to cause, harassment, alarm or distress to any person
conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises
conduct capable of causing housing-related nuisance or annoyance to any person.

The service provider recognises that people have different ideas about what counts as antisocial behaviour and that it can occur unintentionally. The same behaviour might be experienced as antisocial to some people but not to others. However there is behaviour that most people would describe as antisocial in its form and in its effects on others and it is when this occurs that the service provider will exercise its duty of care to all of the people for whom it has legal and moral responsibilities and act to address it.

Examples of Antisocial Behaviour

Examples of behaviour that the service provider considers as antisocial are as follows.

Being rude and aggressive to other people using the service, which is potentially in breach of the provider’s safeguarding policies.
Being rude and aggressive to staff, which is potentially in breach of our policies on keeping staff safe under health and safety law.
Being hateful towards or about other people because of their race, ethnicity, age, religion, gender, gender identity, sexual orientation, disability or appearance, any of which potentially breaches the service provider’s Equality, Diversity and Inclusion policy as well as being a potential hate crime.
Bullying, harassing and threatening behaviour directed at other users of the service or staff, which could also breach the service provider’s anti-bullying, anti-harassment and safeguarding policies.
Being noisy at times that will disturb or cause distress other people including playing loud music at unsociable hours, or with the TV volume turned up high, which could result in complaints, which the service provider will address through its complaints procedure.
Setting off fireworks in the vicinity of the premises unexpectedly or at unsociable hours, which is potentially a public nuisance offence potentially resulting in police action.
Damaging the service provider’s property or items belonging to the service provider in a person’s own accommodation, another person’s accommodation, in communal areas or shared facilities.
Going into other people’s accommodation without their permission, which could amount to theft and be a criminal offence.
Taking or borrowing other people’s possessions without their permission, which could also amount to theft and be a criminal offence.
Dumping waste or litter in parts of the premises that could be a health and safety hazard and potentially breaches our health and safety policy.
Distributing images and information about other people using the service online on online platforms without their permission and which could be offensive and harmful to them, which potentially breaches the service provider’s online safety policy.
Smoking and using unauthorised drugs and substances on the service provider’s premises, which would be in breach of the service provider’s anti-smoking policy and drugs and substance abuse policy.
Bringing dangerous materials or substances into the premises that could pose fire or health and safety risks.
Rowdy and irresponsible behaviour from excessive drinking and being drunk, which potentially breaches as does all the other examples of antisocial behaviour their tenancy agreement or terms and conditions of service.

The list is not exhaustive.

Note:

Adapt the list for individual service needs and ensure they are reflected in the person’s respective tenancy and care agreements as they could be used as evidence of breaches of the service’s terms and conditions.

Effects of Antisocial Behaviour

The service provider recognises that any of the above listed forms of behaviour can result in others being offended, distressed and harmed. Some of the behaviour in question will also be covered by the service provider’s safeguarding policies which could result in referrals being made to the safeguarding authority and in some more serious instances the police.

The service provider sets out in its tenancy agreement/terms and conditions of service both the rights of people using the service to be treated with respect, to be independent and to have the freedom to follow their chosen lifestyle and their responsibilities to treat other people with respect and to avoid through their conduct causing them unnecessary distress or harm.

The service provider will consider their engagement in acts of antisocial behaviour as described in this policy and other policies to which it refers as a potential breach of contract and to be addressed as such.

There could be additional consequences where the antisocial behaviour results in a need to act on behalf of people affected by it through a referral to the local safeguarding authority or even the police.

The Service Provider’s Response to Reports of Antisocial Behaviour

The service provider encourages everyone who considers that they are being adversely affected by others apparent antisocial behaviour to report it in person, by phone, in writing, by email or on the service website, after which it will be treated as a complaint in line with the service’s complaints procedure. Depending on the seriousness of what is being reported, the manager handling the report might seek to immediately escalate it as a safeguarding or even police issue.
Where indicated by the initial assessment, the service provider could follow a mediational approach to resolve any difference that might arise between people involved in making and responding to complaints and allegations.
The person making the report or complaint will always be protected as a whistleblower and supported through the procedures that follow. The support offered will be based on the assessed risks to the complainant and the circumstances under which the report has been made, for example, anonymously or openly with the full knowledge of the person against the whom the complaint is being made.
In line with our approach to all allegations or complaints of this nature the service provider ‘s response will be fair, transparent and proportionate in terms of the:
– seriousness, frequency and effects of the antisocial behaviour reported
– risks to the people most affected and to others who are potentially affected by any continuation as well as in some instances the reputational risks to the service provider
– evidence available to support the complaint or report.
The service provider will:
– take every complaint or report seriously
– from its initial assessment decide a) how the complaint should be initially handled as an internal matter or b) to be immediately escalated to the appropriate authority
– if a) assess if the complaint or report meets the definition of antisocial behaviour as stated in the policy and is a potential breach of contract
– if yes, proceed to an investigation following the complaints procedure in respect of who and how it should be carried out in the interests of fairness and impartiality
– inform the person against whom the allegation or complaint of antisocial behaviour has been made so that they understand the nature of the complaint and how it is being addressed
– know their rights to put forward their point of view or explain their actions and be supported in doing so with the help of an advocate or representative.
Outcomes. The service provider will ensure that in the event of the of the report or complaint being upheld and there is a potential breach of contract it will inform the person or persons who has or have been found to have committed antisocial behaviour the possible outcomes could be being issued with a:
– verbal warning
– written warning
– final notice
– notice to leave with a period of notice in line with statutory requirements.
In this last instance a person will be informed of any rights of appeal adopted by the service provider.
The person will also be informed that notice to leave could also be an outcome of any enquiries conducted by an outside authority.
The service provider will follow the advice and instructions of the safeguarding authority/police if the matter has been escalated to either.

Related Policies

The policy can be linked to several others that show how the service provider exercises its duty of care to keep both the users of the service safe from harm from the antisocial behaviour of others in line with its safeguarding policies and procedures and its staff in line with health and safety law. These policies should be referred to and used in the relevant circumstances.

They include (as applicable to the individual service) as follows.

Safeguarding of people using services.

Safeguarding Vulnerable People in Domiciliary Care from Financial Abuse.
Safeguarding from Bullying, Harassment, Exploitation and Other Forms of Social Abuse.
Safeguarding People Who Use Services from Abuse and Harm: Restraints, including Physical Controls, and Restrictive Practices in Care Homes.
Safeguarding People Who Use Services from Abuse and Harm: Restraints, including Physical Controls, and Restrictive Practices in Domiciliary Care.
Prevent Duty (Counter-terrorism).
Safeguarding People Using a Care Service Who Are at Significant Risk of Harm.
Safeguarding People Using a Care Service from the Harmful Actions and Behaviour of Peers and Social Contacts.
Safeguarding People Using a Care Service Who Are Vulnerable to Adopting Extremist and Radical Ideologies.
Drugs and Substance Abuse in the Homes of People Receiving Care.
Online Safety of Children and Adults at Risk in Domiciliary Care.

Staff safety.

Challenging Behaviour, Violence and Aggression.
Harassment.
Keeping Staff Safe: Disrespectful Behaviour and Abuse of Staff, Including Aggression and Violence and Appropriate Response in Care Homes.

Also applicable.

Concerns and Complaints.
Equality, Diversity and Inclusion.

Training

All staff are expected to be familiar with this policy and related policies including the different forms of behaviour which the service considers to be antisocial.

Staff should be able to know what forms of antisocial behaviour are likely to need escalating as safeguarding concerns or potential criminal offences.

Staff are expected to report antisocial behaviour where they encounter it.

The service management should be familiar with and study the local authority strategy for addressing antisocial behaviour and its responses to community triggers.

Responsible Person: {{org_field_registered_manager_first_name}} {{org_field_registered_manager_last_name}}

Reviewed on: {{last_update_date}}

Next review date: this policy is reviewed annually (every 12 months). When needed, this policy is also updated in response to changes in legislation, regulation, best practices, or organisational changes.

SCH15. Management of Antisocial Behaviour