ASB policy

1.1 This policy addresses Clúid’s general approach to addressing Anti-Social Behaviour. It is important to Clúid that our residents feel safe and secure in their homes.

1.2 Anti-Social Behaviour can adversely affect the quality of life and the feeling of safety and security for a person living in their home and in their neighbourhood.

2.1 Section 17 of the Residential Tenancies Act 2004 (as amended) states that ‘engaging in Anti-Social Behaviour’ means to:

a) engage in behaviour that constitutes the commission of an offence, being an offence the commission of which is reasonably likely to directly affect the well-being or welfare of others,

b) engage in a way that causes, or could cause fear, danger, injury, damage or loss to any person living, working or otherwise lawfully in the dwelling concerned or its vicinity and without prejudice to the generality of the foregoing, includes violence, intimidation, coercion, harassment or obstruction of, or threats to, any such person, or

c) engage, persistently, in behaviour that prevents or interferes with the peaceful occupation.
i.by any other person residing in the dwelling concerned, of that dwelling,
ii.by any person residing in any other dwelling contained in the property containing the dwelling concerned, of that other dwelling, or
iii.by any other person residing in a dwelling (“neighbourhood dwelling”) in the vicinity of the dwelling or the property containing the dwelling concerned, of that neighbourhood dwelling.

3.1 Examples of the type of behaviour that can constitute serious Anti-Social Behaviour under Section 17(a) or (b) of the Residential Tenancies Act include:
a) Intimidation or threats.
b) Racial harassment or other hate behaviour.
c) Actual violence against people.
d) Sale or supply of drugs.
e) Targeted vandalism (vandalism used to harass or intimidate).

3.2 Some examples of the type of behaviour that can constitute Anti-Social Behaviour under section 17(c) of the Residential Tenancies Act includes persistent:
a) Loud noise.
b) Drinking or drug use leading to disorderly behaviour.
c) Vandalism or graffiti.
d) Littering or dumping of rubbish.
e) Hoarding that is impacting on others peaceful occupation.
f) Any other persistent behaviour that interferes with the peaceful occupation of others.

4.1 Examples of behaviour which would not be considered as Anti-social include:
a) Low level disagreements between neighbours where there is no breach of tenancy.
b) ‘One off’ issues unless they are of a particularly serious nature.
c) Parking concerns such as parking on the pavement and badly parked vehicles.
d) Groups of people in the street or in parks, unless they are being abusive, causing damage, or committing other crimes.
e) A one-off party.

4.2 Although excessive noise late at night may be considered as Anti-Social Behaviour, general living noise is not. Examples of living noise include:
a) Opening and closing doors.
b) Flushing toilets.
c) Walking across the floor.
d) Babies crying and children playing.
e) Noise from washing machines / dryers.
f) DIY noise that is taking place at reasonable times of the day.
g) Personal lifestyle differences between households.

4.3 The above lists are not exhaustive. Every case is different and needs to be assessed on the facts and the impact of the behaviour on those involved.

5.1 Clúid has a legal duty to enforce the obligations of tenants to not behave in a way that is Anti-social or to allow visitors to behave in such a manner.

5.2 Clúid will give honest and consistent advice on how residents can deal with the particular issue, exploring what it can and cannot do as well as what the resident can do to try and resolve the issues themselves.

5.3 Clúid will keep a written record of all reports of Anti-Social Behaviour made and will keep a record of all action taken by Clúid in relation to the report.

5.4 Clúid will encourage witnesses to report incidents to both the Gardaí and to Clúid where appropriate. Where the prime responsibility and power to lead an investigation lies with another service, such as An Garda Siochána, Clúid will support the investigation and take any necessary supporting action.

5.5 Clúid will encourage and expect residents to take responsibility for solving personal disputes between themselves where appropriate.

5.6 Clúid will deal with any Anti-Social Behaviour committed against its employees and contractors in line with its internal policies and duties as an employer.

5.7 Clúid will play its part in addressing issues of Anti-Social Behaviour in the wider neighbourhood.

6.1 Clúid will close a case after investigation and after appropriate action is taken, or earlier if agreed with the complainant.

6.2 Once a case is closed, contact will be made to request feedback on how the case was managed.

6.3 During the course of an investigation there may be a number of reasons why no further action can be taken. These reasons may include:
a) Establishing that the incident did not happen.
b) The complainants do not agree to the respondent being interviewed or to their identity being revealed.
c) The dispute is between two or more neighbours who all claim to be the victims of each other’s behaviour, with no conclusive evidence of Anti-Social Behaviour.
d) Not having enough evidence to prove the matter to the relevant standard of proof.
e) Finding the issues reported not to be what Clúid considers Anti-Social Behaviour.
f) Not being able to investigate fully due to non-cooperation of the complainant.

6.4 Closure of a specific complaint for the above reasons does not necessarily entail the ending of ongoing investigations or monitoring of suspected Anti-Social Behaviour.

6.5 Clúid will inform the complainant and if necessary, the respondent, at the earliest opportunity if they determine that they cannot act or take further action and will close the case.

6.6 This policy respects the right to all our residents to not be discriminated against for behaviour not generally considered to be unreasonable.

7.1 Clúid will monitor the feedback it receives about how it manages and respond to cases of Anti-Social Behaviour, to ensure a high standard of services.

7.2 Clúid will provide staff with training, clear guidance, policies, and procedures so that they can deal effectively with cases of Anti-Social Behaviour, use the appropriate enforcement tools, and are aware of the wider issues associated with Anti-Social Behaviour, including but not limited to hate crime and safeguarding.

7.3 Clúid will work in partnership and consult with residents, the wider public, local authorities, support providers, community groups, An Garda Siochána, the Health Service Executive, tenancy sustainment services, youth workers, juvenile liaison officers, the RTB and other external agencies as necessary to tackle Anti-Social Behaviour in our neighbourhoods and provide support to those with vulnerabilities and in an attempt to address the causes of and resolve Anti-Social Behaviour.

7.4 Clúid will identify situations where referrals to specialist advice or support organisations may be suggested to residents to address any root causes of Anti-Social Behaviour.

7.5 Before commencing development Clúid will consider the scheme layout and built environment at planning and design stage, with a view to maximising safety and security.

7.6 During pre-tenancy courses and re-let interviews Clúid will outline for tenants the standards that they are expected to maintain. Emphasis will be placed on the obligations of the tenant in the Tenancy Agreement and the importance of community responsibility for peaceful occupation.

7.7 Clúid will demonstrate by its actions that Anti-Social Behaviour will not be tolerated.

8.1 Clúid will comply with all relevant data protection laws and regulations when taking action on Anti-Social Behaviour. Clúid will adhere to its current Data Protection Policy in existence at the time of a report of Anti-Social Behaviour.

8.2 Residents can request a copy of their personal data held by Clúid by completing a subject access request. Clúid will adhere to its Data Protection Policy in dealing all subject access requests made to it by any party.

8.3 Clúid will comply with all relevant data protection laws and regulations in respect of sharing of personal data with third parties and in accordance with our Data Protection Policy. Where complaints of Anti-Social Behaviour are made by third parties Clúid will not share the personal data of a complainant with third parties without the consent of the complainant or unless required by law.

8.4 Clúid will not share the personal data of a complainant with the alleged offender as part of a subject access request without the consent of the complainant.

9.1 Clúid will ensure that its housing management staff will receive training on our Anti-Social Behaviour policy, procedure, and practice on an ongoing basis.

9.2 Housing management staff may be threatened in the course of their duties or when specifically tackling Anti-Social Behaviour. Clúid will not tolerate such activity and will use legal remedies to protect staff.

10.1 If a resident or other third party is not satisfied in the way Clúid has dealt with an instance of Anti-Social Behaviour, a complaint may be raised in line with Clúid’s Complaints Policy.

10.2 If a resident or other third party does not believe Clúid has met it duty under the Residential Tenancies Act to enforce a tenant’s obligations, a dispute resolution case may be raised with the RTB.

11.1 This policy and any accompanying procedures or guidelines will be reviewed periodically or in line with changes in relevant legislation.