Anti-Social Behaviour

What is Anti-Social Behaviour?
The Government defines anti-social behaviour as:

"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 aggressive dogs, to noisy or abusive neighbours."
(The Anti-social Behaviour, Crime and Policing Act 2014)

 

Anti-social behaviour covers a wide area and may include:

Harassment

 Joyriding
Verbal Abuse Assault
Intimidating behaviour Engaging in threatening behaviour
Criminal Damage Racial Abuse
Vandalism Smoking or drinking whilst under age
Noise Nuisance                                           Substance Abuse
Throwing Missiles Vehicle Crime
Graffiti  


What is NOT classed as anti-social behaviour?

Examples of behaviour which would not be considered as anti-social are:

  • Children playing
  • Personal lifestyle differences
  • 'One off' issues unless they are of a particularly serious nature
  • Normal living noises such as opening and closing doors and flushing toilets
  • Indiscriminate parking such as parking on the pavement and vehicle obstruction

The list does not cover all situations but gives an idea of where we would not take action but where we can offer advice and guidance.

We will always explain if we cannot interevene in a case and sometimes we will direct you to other agencies/departments that may be able to help with the problem.

How Do We Tackle Anti-Social Behaviour?

Information on how we tackle Anti-Social Behaviour

Depending on whether the individual is a juvenile or adult, and the nature and persistence of their anti-social behaviour, we can:

  • Serve warning letters on the individual
  • Work with other support services in engaging with the individual to try to resolve issues which may be the underlying cause of their behaviour
  • Establish Acceptable Behaviour Contracts (ABC) with the individual

Or in extreme and/or persistant cases we can:

  • Seek other remedies including eviction orders where the person is a tenant of a housing association or registered social landlord
  • Obtain a Civil Injunction
  • Apply to the Courts for an Criminal Behaviour Order (CBO)
  • Apply for absolute grounds of possession 

We take all reported incidents of anti-social behaviour seriously and will not hesitate to use the full range of options available, if necessary, to tackle the problem. However, enforcement action is not always the answer. The Test Valley Partnership aims to utilise all suitable methods of intervention, including referrals to specialist services and agencies, before resorting to actions which may result in an individual entering the criminal justice system prematurely.

  • How Do I Report Anti-Social Behaviour?

    The Test Valley Partnership would like to encourage the public to be active participants in improving the quality of life in their area.  We take all reported incidents of anti-social behaviour seriously and will not hesitate to use the full range of options available.

    The Partnership aims to use all suitable methods of intervention, including referrals to specialist services and agencies, before resorting to actions which may result in an individual entering the criminal justice system prematurely.

    All criminal matters MUST be reported to the police. 

    For emergencies please telephone 999 or for non-urgent crime or anti-social behaviour please call 101.

    To report anti-social behaviour, or just seek advice, you can:

    Phone our Anti-Social Behaviour Officers on: 01264 368000

    Report Online using our online form

    Email: Community&leisure@testvalley.gov.uk

    Complete the diary sheets available (ASB incident sheet/Mini Moto Nuisance Reports)

    Or pop into the Council Offices for friendly advice.

  • Acceptable Behaviour Contracts 

    An Acceptable Behaviour Contract (ABC) is a voluntary contract between the perpetrator of the anti-social behaviour, the Council and other agencies. These contracts enable conditions to be placed upon an individual restricting their behaviour. While the signing of an ABC is voluntary, a breach could give supporting evidence towards the application of an Anti-Social Behaviour Order.

    Whilst putting conditions on the individual we also try and support them by making appropriate referrals to specialist agencies, for example the Youth Inclusion Support Panel (YISP).

  • Criminal Behaviour Order (CBO)

    Criminal behaviour orders have replaced ASBOs on conviction and Drinking Banning Orders (DBOs) on conviction. The CBO is available for use against seriously antisocial individuals and can be applied for on conviction for any criminal offence in any criminal court.

    If the court is satisfied that the alleged offender has committed behaviour causing harassment, alarm and distress (the same test used for the ASBO) and future ASB can be prevented then the CBO will be granted. The court can also be presented with hearsay evidence, which is something not permitted in criminal proceedings.

    CBOs can include positive requirements. This is something that the court must be satisfied is both suitable and enforceable. Breach of a CBO would be a criminal offence, with a maximum sentence of up to five years’ imprisonment or a fine, or both for an adult.

  • Dispersal Powers

    The dispersal power is available to uniformed police officers and designated Police Community Support Officers (PCSO) to deal with individuals engaging in anti-social behaviour, crime and disorder, not only when they have occurred or are occurring but when they are likely to occur and in any locality.

    The power is available to disperse individuals without a requirement that two or more people be engaged in the offending behaviour for up to 48 hours, and there is no longer a requirement for the pre-designation of a 'dispersal zone' in which the power can be used. Items associated with the behaviour can be confiscated, and there is no longer a requirement that publicity is given to an authorisation. 

  • Community Protection Notice

    A community protection notice may be issued by a constable or a local authority. A community protection notice imposes any of the following requirements on the individual or body issued with it:

    a) A requirement to stop doing specified things
    b) A requirement to do specified things
    c) A requirement to take reasonable steps to achieve specified results.

    They can only be issued if the offender has been given a written warning that the notice will be issued if their conduct doesn’t change and that they have been given enough time to have reasonably made those changes, and yet have chosen not to do so. A person issued with a community protection notice who fails to comply with it commits an offence.

  • Public Spaces Protection Orders (PSPOs)

    PSPOs are designed to ensure that the law-abiding majority can use and enjoy public spaces without experiencing anti-social behaviour

     

    What is a PSPO?

    Public Spaces Protection Orders (PSPOs) deal with a particular nuisance that affects the local community’s quality of life, by imposing conditions on the use of an area which apply to everyone. For example, restricting drinking in public places.

    Transfer of DPPOs to PSPOs from 20th October 2017

    The Designated Public Protection Order (DPPO) which restricts drinking in public places (introduced in 2008 under the Criminal Justice and Police Act 2001) automatically transfers into a Public Spaces Protection Order under the Anti-Social Behaviour, Crime and Policing Act 2014 from 20th October.

    Under PSPO, previous conditions remain the same

    The conditions of the previous DPPO have not changed. It’s still an offence anywhere in the Borough to refuse to surrender alcohol to the police or authorised person if there is, or is likely to be, associated anti-social behaviour.

    The order does not prevent consumption of alcohol but would make it an offence to continue to do so after being told to stop by the Police or other accredited person. This could result in a court appearance and a £500 fine.

  • What You Can Do

    Sort Things Out Early
    Many neighbour problems can be sorted out simply by talking to each other. Sometimes people do not know they are creating a nuisance. If a concern does not involve serious threats or violence, it may be best for you to discuss it with your neighbour in the first instance, before taking it further.

    We would advise that you only do this if you feel confident in resolving the problem amicably. Remember - your safety is paramount and we would not suggest that you approach anyone who is known to be violent or aggressive.

    Reporting the Anti-Social Behaviour to the ASB Officer

    We can only take action about problems we are aware of.  It is important for you to report incidents to the Anti-Social Behaviour Officer or, if criminal behaviour, directly to the Police.

    We rely on evidence that you and our partnership agencies can supply which will enable us to progress cases further.

    What Response Can You Expect?

    The Anti-Social Behaviour Officer will acknowledge your written complaint within 5 working days.  This will either be done by letter, email or verbal communication.

    The information you have provided will be held on a confidential database for the purpose of reducing anti-social behaviour.

    We will investigate the details of the complaint, but we will NOT give out your personal details to any party outside of Test Valley Partnership without your consent.

    PLEASE NOTE we will NOT give out your personal details to any member of the general public

    Dependent on the nature of the complaint we may ask you to keep a record of incidents in a diary. This is important as it is considered as very powerful evidence if we have to take legal action.

    It is essential that we have as much written evidence as possible to support your case.

    When we have evaluated your case, we will make further contact with you and update you on any further progress of what we can or cannot do.

Community Safety Team

The Test Valley Community Safety Team is made up of two council Community Safety Officers.

Together the team investigate reports of Anti-Social behaviour and take appropriate action against those responsible.

They work with:-

  • Individuals or groups causing anti-social behaviour
  • Repeat victims of anti-social behaviour
  • Locations where anti-social behaviour is becoming an issue

For emergencies please telephone 999 or for non-urgent crime or anti-social behaviour please call 101.

Contact Us: 
For more information please contact the Community Engagement Manager on 01264 368000.
Email: Communitysafety@testvalley.gov.uk