Anti-social behaviour is a broad term used to describe the day to day incidents of crime, nuisance and disorder that make many people’s lives a misery – from litter and vandalism, to public drunkenness or noisy or abusive neighbours.
Such a wide range of behaviours means that the responsibility for dealing with anti-social behaviour and tackling local issues affecting resident’s quality of life is shared between a number of agencies, particularly the Council, the Police and local Housing Providers.
What action can be taken?
Tameside Council and partners work closely together, they are committed to protecting residents and use a range of tools and powers to stop the behaviour from continuing and where necessary bring people to account for their actions.
In many instances anti-social behaviour can be prevented by effective early intervention. In some cases, involving serious or persistent anti-social behaviour, statutory powers are available to provide protection for victims, witnesses and communities.
Who to contact
There are several ways for you to report anti-social behaviour or request advice, you can ring the Council’s main call centre on 0161 342 8355 or you can also contact Greater Manchester Police on 101 to report a non-emergency incident or make a general enquiry. In an emergency you should dial 999, an emergency is if a crime is being committed or has just been witnessed, there is a risk of injury, or a risk of serious damage to property.
What happens next?
When we receive a call about persistent and serious anti-social behaviour, our first stage is to talk the problem through with you - in the strictest confidence. After we understand the problem fully we will discuss some of the actions that can be taken to resolve the problem.
Types of action may include:
- You may be asked to complete an Anti-Social Behaviour Incident Diary to record details of the anti-social behaviour and how it affects you.
- We will work with other agencies to try and divert those committing anti-social behaviour into more positive activities.
- We will consider taking enforcement action against those responsible for ASB and will also seek to offer support to all parties wherever possible.
Anti-Social Behaviour Case Review
You can request an Anti-Social Behaviour Case Review the following threshold must be met;
- You (as an individual) have complained three times in the last six months about separate incidents and no action has been taken
- Five people in the local community have complained separately in the last six months about similar incidents and no action has been taken
- You (as an individual) have complained in the last six months about an incident or crime motivated by hatred (hate/crime) and no action has been taken.
Each of the individual qualifying complaints must have been reported. The review panel may also consider the following when determining if the ASB Case Review threshold is met;
- Persistence of the anti-social behaviour; and
- The harm or potential harm caused by the anti-social behaviour;
- The adequacy of the response from agencies.
A complaint of Anti-Social behaviour could be made to the same or different organisations such as Greater Manchester Police, Tameside Council or Tameside Registered Housing Providers.
The ASB Case Review can also be requested by a person, including a third party on behalf of a victim, provided the victim consents to information being shared with the third party along with other relevant organisations or bodies.
If prefer you can write to;
What happens next?
Within two working days of receiving a request for an ASB Case Review, an officer from the Council’s Neighbourhood Service will write to the Applicant to acknowledge their request. The letter will advise the Applicant that they will be informed of the outcome of the ASB Case Review within 24 working days of their request for an ASB Case Review; unless the case is complex when they will be informed of an extended timeframe.
Relevant information will be provided within 10 working days by the Council, GMP, Clinical Commissioning groups and Registered Housing Providers (through co-option arrangements), unless disclosure of the information would;
a) Contravene the Data protection Act 1998,
b) Contravene Part 1 of the regulation of Investigatory Powers Act 2000,
c) Breach the confidence owed by the person making the disclosure
d) Breach any other restriction on the disclosure of information (however imposed).
Information may also be requested and shared by other agencies or organisations such as third sector services or General Practitioners if the expressed consent is provided by the Applicant and the information is considered relevant for the purpose of the ASB Case Review (and restrictions on the disclosure of the information do not apply).
ASB Case Review Panel
The information received will be reviewed by the ASB Case Review Panel, involving the relevant bodies and any other agencies or professionals bespoke to the application received.
Officers attending the ASB Case Review panel should be independent to any work undertaken in relation to the qualifying complaints subject to review.
The ASB Case Review Panel functions are;
- Share relevant information
- Undertake ASB Case Reviews within an agreed timeframe.
- Agree if the ASB Case Review threshold is met.
- Identify any recommendations
- Have regard to any recommendations
- Communicate with the Applicant
Outcomes of ASB Case Reviews will be reported to and reviewed by the Head of Neighbourhood Services, Tameside Metropolitan Borough Council.
ASB Case Review Outcome
Following the ASB Case Review the applicant will be informed in writing of the outcome.
If the threshold is met and the review held, the letter will include an action plan specifying the recommendations that will be taken within defined timescales and state the lead agency responsible for each action to resolve the ASB.
If the threshold was not met, the letter will inform the Applicant what happens next and provide any appropriate advice, such as how incidents of ASB should be reported in the future. The letter will also include the right to request a further review (an appeal). The appeal will be undertaken by more senior officers of the relevant organisations who are independent to the decisions made through the original ASB case review panel.
Escalation and Appeal
If an applicant is dissatisfied with the response from their Application or how the case review has been carried out, there is a right to request a further review (an Appeal) that will involve officers from the relevant agencies who are more senior to those that completed the initial case review. The applicant will need to request the further review by writing to the Head of Neighbourhood Services at Tameside MBC. The request will be acknowledged within two working days and a final response provided within 20 working days of the request for a further review, unless the case is particularly complex when the applicant will be informed of a revised timeframe. Please refer to Appendix 6: ASB Case Review Appeal Flow Chart.
The outcome of the appeal is final. The Applicant has no further opportunity to challenge the decisions made within the ASB Case Review process.
The ASB Case Review does not replace an organisations own complaints procedures. If an ASB Case Review has been completed and the Applicant is unhappy about the service received from an individual officer or agency, a formal complaint may be made directly to that agency and if necessary may be escalated further through organisations such as the Ombudsman or Independent Police Complaints Commission.
Further information and related documents.