Dealing with anti-social behaviour & hate crime

Jigsaw Homes Group owns over 36,000 properties across the Northwest and East Midlands. Some of these properties are dispersed over a wide geographical area and others are located within more traditional housing estates. Our approach is holistic, and this can be demonstrated through four key areas of activity:

• Prevention and Early Intervention
• Support
• Partnership Working
• Enforcement

Any action we take to deal with anti‐social behaviour is carefully considered and proportionate to the effects of the behaviour on individuals, neighbourhoods, our assets, and the environment.

We are signatories to the Chartered Institute of Housing Respect ASB Charter for Housing which contains core commitments for providing a high quality anti‐social  behaviour service.

We have a detailed policy and procedure in place for all our employees, to support the provision of a transactional or specialist anti‐social behaviour service on behalf of the Group’s landlords which are:

• Jigsaw Homes Midlands
• Jigsaw Homes North
• Jigsaw Homes Tameside
• Jigsaw Support

As outlined in this information, our policy aims:

• to ensure we are effective in our approach to prevent and tackle anti‐social behaviour
• to define what we mean by “anti‐social behaviour” in terms of community safety and what customers can expect from us
• to meet our legal requirement of publishing a policy and procedure statement in accordance with Section 218A (3) to (6) of Housing Act 1996
• to comply with the anti‐social behaviour requirements of the Neighbourhood and Community Regulatory Standard.

It should help guide any Jigsaw customers who are affected by anti‐social behaviour and wish to report it. By Jigsaw customers we mean, any tenant, or anyone affected by the actions of one of our tenants within the locality of their tenancy, including those working in our neighbourhoods i.e. staff, police, contractors employed by us etc.

For those customers who are affected by anti‐social behaviour but unable to report it  themselves, we will accept an initial report from their personal representatives e.g., a family member, Support Worker etc., however we can only accept such reports if  the personal representative has the consent to act on the affected person’s behalf.

We will accept complaints where the person reporting it wishes to remain anonymous;  however, our response may be limited in these circumstances.

We will accept multi‐media evidence including sound recording and video images.

Our policy also relates to those customers who are engaging in anti‐social behaviour and want to know how we deal with it.

We clearly communicate to our tenants that anti‐social behaviour will not be tolerated. We expect our tenants to act reasonably and be considerate of the different values and lifestyles reflected in our neighbourhoods. Our tenancy, occupancy and licence agreements clearly state what we mean by anti‐social behaviour and that tenants are responsible for the behaviour of everyone living with them or visiting them. Where the anti‐social behaviour is a criminal offence, we will encourage those affected by it to report the matter to the police.

The term “anti-social behaviour” is broad in its definition and will mean different things to different people. Jigsaw defines anti-social behaviour in accordance with Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 as follows:

• 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 (housing related meaning directly or indirectly relating to our housing management functions)

We provide examples of behaviour that fall within this definition in our various tenancies, occupancy, and licence agreements. Below are some examples of the more common types of anti-social behaviour, but this is not an exhaustive list;

• harassment
• using or threatening to use violence
• bullying or intimidation
• repeated abusive language or behaviour
• actions of hostility or prejudice against anyone because of their actual or perceived identity, whether that be their race, religion, disability, sexual orientation, transgender identity, or alternative sub-culture (this is known as a hate incident or hate crime)
• any incident or pattern of incidents of controlling, coercive, threatening behaviour violence, or abuse between those who are, or have been, intimate partners or family members regardless of gender (this is known as domestic abuse)
• loud music and/or noise that is capable of causing nuisance or annoyance to a reasonable person.
• dog barking and fouling that is capable of causing nuisance or annoyance
• making false or malicious complaints about someone else’s behaviour
• using the property or allowing it to be used for any immoral or illegal purpose
• causing or committing any act of violence or any form of harassment, intimidation, or abuse against any member of our staff or anyone authorised to act on our behalf

Sometimes customers wish to report behaviour they believe is unacceptable, but the behaviour is not anti-social in accordance with our definition. Jigsaw Homes Group expects customers to be tolerant of other people’s lifestyles and will not accept reports of behaviour that most people accept as a reasonable part of everyday life. For example;

• A one-off party
• Children playing outside i.e. playing ball games
• Children arguing or fighting with one another
• Actions that are considered to be normal everyday activities or household noise
• Reports of people staring
• Actions which amount to people being generally unpleasant to one another
• name-calling or disputes via social media such as Facebook

Reports in relation to serious crime, such as hate crime will be investigated alongside the Police. Evidence attained, could include the use of social media when considering the appropriate action to be taken against a tenancy.

Staff will exercise their professional judgement when assessing whether or not a report of anti-social behaviour meets our definition or not. Where the behaviour reported is not anti-social, we will provide customers with self-help options where appropriate.

Although we will record reports about tenants / residents smoking cannabis as an ASB case, if the complaint is from a single source, such as a neighbour, we may not be able to progress the case through lack of evidence. This is because these reports are difficult to prove without other sources, for example, corroboration from other neighbours or professionals who have visited the property (such as the police, support worker etc.). Customers will be also encouraged to report their concerns to the Police.

Customers are encouraged to be mindful of their behaviour in line with their tenancy agreement, with a guide available on our website on how to be a good neighbour.

Dealing with hate incidents and hate crime is part of our commitment to promote equality and diversity and tackling anti-social behaviour. Hate incidents and hate crime stem from prejudice against others based on views about people’s differences. They are, therefore, contrary to our principle of diversity where differences are respected and valued.

We include hate incidents and hate crime in our definition of anti-social behaviour within this article. Hate incidents only become hate crimes when a criminal offence has been committed.

Jigsaw Homes Group will investigate all hate incidents and hate crimes. We take the view that if an incident of anti-social behaviour is perceived by a customer to be motivated by hate then it will be treated as such. The apparent lack of motivation as to the cause of a crime or an incident is not relevant, as it is the perception of the person affected that matters.

As part of our multi-agency approach to dealing with anti-social behaviour we will, where appropriate, report hate incidents and hate crime to the police. This could be for recording purposes or action, depending on the customers’ wishes.

Jigsaw Homes Group believes that no one should have to live in fear of abuse or violence. We understand that it is “domestic” in nature if the perpetrator is a person who is associated with the victim. However, it is not limited to physical violence or confined to instances within the home

We have a separate policy specifically for domestic abuse that sets out how we will respond to reports and our commitment to dealing with instances effectively, with the victim at the center of our response.

We are signatories to the Charterer Institute of Housing “Making a Stand” Pledge which confirms our commitment to support people who are experiencing domestic abuse.

We also have Accreditation Membership with the Domestic Abuse and Housing Alliance, as we continue to evaluate and improve our approach to match the needs of the communities we serve.

We recognise that domestic abuse can encompass, but is not limited to:

• Psychological abuse which includes intimidation, insults, isolating the person from friends and family, criticising, denying the abuse, treating the person as inferior, threatening to harm children or take them away, forced marriage
• Physical abuse which can include shaking, smacking, punching, kicking, presence of finger or bite marks, bruising, starving, tying up, stabbing, suffocation, throwing things, using objects as weapons, female genital mutilation. Physical effects are often in areas of the body that are covered and hidden (i.e. breasts, legs, and stomach)
• sexual abuse which includes rape (including the threat of rape), sexual assault, forced prostitution, ignoring religious prohibitions about sex, refusal to practise safe sex, sexual insults, passing on sexually transmitted diseases, preventing breastfeeding
• financial abuse including not letting the person work, undermining efforts to find work or study, refusing to give money, asking for an explanation of how every penny is spent, making the person beg for money, gambling, not paying bills, building up debt in the other person’s name
• emotional abuse includes swearing, undermining confidence, making racist, sexist, or other derogatory remarks, making the person feel unattractive, calling the person stupid or useless, eroding the person’s independence, keeping them isolated from family or friends
• Controlling behaviour is a range of acts designed to make a person subordinate and/or dependent by isolating them from sources of support, exploiting their resources and capacities for personal gain, depriving them of the means needed for independence, resistance and escape and regulating their everyday behaviour
• Coercive behaviour is an act or a pattern of acts of assault, threats, humiliation and intimidation or other abuse that is used to harm, punish, or frighten their victim
• So-called honour-based abuse is also a form of domestic abuse, explained by the perpetrator of the abuse on the grounds that it was committed as a consequence of the need to protect or defend the honour of the family; it can include all the types of abuse listed above and specific crimes such as forced marriage and female genital mutilation
• Domestic servitude involves children, women and men being forced to work in private households as maids, servants, housekeepers, personal carers, nannies, chauffeurs, gardeners, and cooks in exploitative conditions. Abuse can take the form of difficult working conditions (no days off, long hours and minimal, if any, salary) and psychological, physical, or sexual abuse.

Jigsaw Homes Group has a clear and on-going commitment to the training and development of its employees in safeguarding children and adults in accordance with our Safeguarding policy and procedures. Part of this training commitment includes domestic abuse awareness training,

When a disclosure of domestic abuse is made to our staff or we identify possible domestic abuse in our dealings with Jigsaw customers, then we will seek advice from specialist services and share information appropriately to support and protect any victim.

In addition, if we have safeguarding concerns about a child or adult in the household, we will take appropriate action in accordance with our Safeguarding Policy and Procedures. Staff who provide our specialist anti-social behaviour service are able to assist victims with:

• referrals to local support agencies using the Safe Lives DASH Risk Identification and Assessment Checklist i.e. Independent Domestic Violence Advisers, Multi Agency Risk Assessment Conferences (MARAC) etc.
• advice regarding their tenancy or occupation
• support to remain in the home including security measures
• advice on housing options

Jigsaw Homes Group collects stores and uses personal data about tenants, residents, and partners in its role as landlord and service provider. The Group has in place, and will continue to develop, measures that promote strong privacy and security of personal data in accordance with our Data Protection Policy.

In accordance with the General Data Protection Regulations (GDRP) the processing of personal data is lawful if at least one of the following applies:

• the data subject has given consent to the processing of his or her personal data for one or more specific purposes;
• processing is necessary for the performance of a contract to which the data subject is a party or to take steps at the request of the data subject prior to entering a contract;
• it is necessary for compliance with a legal obligation to which the controller is subject;
• it is necessary to protect the vital interests of the data subject or of another natural person i.e. safeguarding of a child or adult;
• it is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;
• it is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the fundamental rights and freedoms of the data subject which require protection of personal data, where the data subject is a child;

We realise that customers reporting anti-social behaviour to us may be concerned about personal data relating to their complaint being shared with third parties. Jigsaw Homes Group will only disclose personal data with the customer’s consent or where it is lawful to do so.

Preventing and tackling anti-social behaviour is one of our legitimate interests and we will share data with other agencies subject to data sharing agreements.

Jigsaw Homes Group will also share data with other appropriate data controllers where an exemption under the Data Protection Act exists. For example, if we are requested to share information in connection with the prevention and/or detection of crime or the apprehension or prosecution of offenders.

Visit our Privacy Notice page for more information.

Jigsaw Homes Group uses a wide range of tools to deter customers from engaging in anti-social behaviour and to stop incidents escalating. Below are some of the more common examples used across our neighbourhoods, but this list is not exhaustive

Diversionary Activities – We work with residents’ groups and partner agencies to deliver a range of projects and events that promote community cohesion in our neighbourhoods. We also provide grants for local community projects for a range of neighbourhood initiatives including community safety.

Closed Circuit Television (CCTV) – Jigsaw Homes Group has cameras located across some of its neighbourhoods and uses CCTV as a visible presence to deter anti-social behaviour and crime. We manage these sites in accordance with our CCTV Policy.

Pre-Tenancy Information – Prospective tenants receive information about becoming a tenant during the sign-up interview. This includes specific advice about the community responsibilities of all tenants, those that live with them and those that visit them.

Starter and Introductory Tenancy Schemes – We operate starter or introductory tenancy schemes, whereby the majority of new tenants are given a probationary tenancy with limited rights. This is usually for a period of 12 months. During this probationary period, we monitor the conduct of the tenancy. If a tenant engages in anti-social behaviour during this probation period, we will take appropriate action which may result in us ending the tenancy.

Mediation – Jigsaw Homes Group recognises that neighbour disputes can sometimes escalate due to misinterpretation and lack of communication between neighbours. Where appropriate we will offer those involved in disputes the opportunity to discuss their issues in a structured way with a trained facilitator. We have our own trained facilitators and use the services of external providers.

Warnings/Cautions – We use warnings/cautions to challenge anti-social behaviour and to reinforce the message that it will not be tolerated. They are usually confirmed in writing and describe the type of behaviour, why it is anti-social and the potential consequences if the behaviour does not stop.

Acceptable Behaviour Contracts (ABCs) – We may use Acceptable Behaviour Contracts to persuade those causing anti-social behaviour to modify their behaviour. The contract records the anti-social behaviour that the person has been involved in, the impact of their behaviour on others, their agreement not to continue with the behaviour in future and any legal action that will be taken if the contract is broken. All parties then sign the contract. If the person is aged between 10 and 17 years old, their parents or guardian will be encouraged to attend any meetings.

Parenting Contracts – If children are causing anti-social behaviour, it is important that parents or carers are informed at the first opportunity. Some will be unaware of what their child is getting involved in; others may be struggling to manage their child’s behaviour. We aim to use parenting contracts to record the steps that parents or carers need to take, to prevent a child from engaging in ASB. Where appropriate they will set out plans designed to support parents or carers in achieving this, for example, by a referral to a suitable parenting programme.

Jigsaw Homes Group recognises the impact anti-social behaviour can have on victims and witnesses. We have appropriate measures in place to identify and respond to risk and the vulnerability of those affected by it.

We will use a Risk Assessment Matrix (RAM) to identify the following:

• the welfare, safety, and well-being of the person
• the impact the behaviour is having on their lives
• an assessment of any vulnerability and the support in place
• what’s known about those causing the anti-social behaviour
• the cumulative effect of any repeated incidents

The purpose of the risk assessment is to determine the impact of anti-social behaviour on victims and witnesses and to ensure that we provide an appropriate response. We will tailor support, accordingly, taking all known circumstances into account. Below are some examples of the types of support we may consider, but this list is not exhaustive:

• directing victims and witnesses to specialist agencies that can assist them (where appropriate we will make referrals on their behalf) i.e. victim support
• in-house tenancy support, subject to local arrangements
• security measures i.e. target hardening of the property
• legal action to protect from serious harm
• temporary or permanent re- housing subject to local arrangements
• ensuring that witnesses attending court are supported
• involving our Community Safety Partners to provide a holistic approach to support i.e. referrals to Anti-Social Behaviour Risk Assessment Committees or other similar groups.

As part of our commitment to tackle anti-social behaviour we recognise that those causing it may have underlying problems which contribute to their actions i.e. alcohol misuse, drug misuse, physical health problems, mental health problems etc.

Jigsaw Homes Group will support those causing anti-social behaviour to identify and resolve their problems either by signposting them to appropriate agencies or making referrals on their behalf. Subject to local arrangements, we may offer in-house support to those willing to change their behaviour.

Where necessary we will couple any support with enforcement action to ensure the person engages and stops causing anti-social behaviour. We will take swift action if the person causing the anti-social behaviour is failing to engage with support and/or their behaviour does not improve. Our primary focus will be to ensure the necessary protection is in place for victims and witnesses.

In supporting those that are suffering from anti-social behaviour or causing it, staff will report any safeguarding concerns they become aware of to the relevant agencies in accordance with Jigsaw Homes Group Safeguarding Children and Adults Policy and Procedures.

Jigsaw Homes Group work in partnership with a wide range of agencies both strategically and operationally to prevent and tackle anti-social behaviour in our neighbourhoods. We recognise that where those causing anti-social behaviour are known to several agencies, we can tackle the issues more effectively by working in partnership.

We will support and contribute to Community Safety Partnerships where crime and anti-social behaviour is having an adverse effect on our neighbourhoods.. There are currently sixteen Community Safety Partnerships operating in the geographical areas where we own properties. As we are not a responsible authority of these partnerships, our influence can sometimes be limited, especially in locations where we have limited numbers of homes.

Jigsaw Homes Group will, where appropriate, arrange and/or attend partnership meetings with agencies where a multi-agency approach is beneficial to resolving issues. The majority of agencies we work with are the responsible authorities of Community Safety Partnerships i.e. the police, the local authority, fire and rescue service, probation service and clinical commissioning groups.

Where requested to do so, we will attend case intervention meetings that involve our tenants or prospective tenants i.e. the Multi-Agency Public Protection Arrangements Group (MAPPA), Multi Agency Risk Assessment Conferences (MARAC), Anti-Social Behaviour Risk Assessment Conference (ASBRAC) etc.

Jigsaw Homes Group will make use of the full range of non-legal and legal actions available to us. We will take legal action where necessary to protect victims and witnesses and to stop problems escalating.

Any legal action we take will be proportionate and supported by sufficient evidence including action taken or being considered by other agencies i.e. the police, the local authority etc. We will have due regard to the Human Rights Act 1998 and Equality Act 2010.

Where appropriate, we will also consider and promote the implementation of legal action enforceable by other agencies, for example:

• where the anti-social behaviour is being caused by owner-occupier, other social landlord tenants or private tenants in our neighbourhoods
• where the anti-social behaviour is a criminal offence

The legal powers available to us are:

Civil Injunction

This is a civil power under Part 1 of the Anti-social Behaviour, Crime and Policing Act 2014 for the purpose of stopping or preventing individuals engaging in anti-social behaviour. The court must be satisfied that on the balance of probabilities an individual has engaged or threatens to engage in conduct capable of causing nuisance and annoyance to grant the injunction.

It can be issued against an individual who is 10 years of age or over. It is issued by the County Court or High Court for over 18s and the Youth Court for under 18s.

The injunction includes relevant prohibitions to get an individual to stop behaving anti-socially. It can also include positive requirements to get an individual to deal with the underlying causes of their behaviour.

A court can attach a power of arrest to the injunction where it is satisfied that the individual has engaged or threatened to engage in violence against other persons or where there is significant risk of harm to other persons.

If there is evidence that an individual has not complied with the terms of an injunction this is a breach, which is a civil contempt of Court. For over 18s this is punishable by up to 2 years in prison and/or an unlimited fine. For under 18s this is punishable by a supervision or detention order.

Jigsaw Homes Group will consider taking possession proceedings against tenants who are committed for breaching an injunction.

Demoted Tenancies

Jigsaw Homes Group can apply to the County Court for a demotion order against a tenant in accordance with the Housing Acts 1985 and 1988 (as amended). In Court we must prove that the tenant, a member of their household or a visitor has behaved antisocially or used the property for illegal purposes. If the Court grants us a demotion order, it ends the tenancy on a specified date. If the tenant remains in occupation, a new demoted tenancy will begin on the same date.

Demoted tenants have limited rights while their tenancy remains demoted, which is usually between 12 and 18 months. If anti-social behaviour continues or the tenant breaks other terms of the demoted tenancy, then we can go back to court and request possession of the property.

Possession Proceedings

Jigsaw Homes Group can apply to the County Court to recover the possession of a tenant’s home in accordance with the relevant schedules of the Housing Act 1985 (as amended) and the Housing Act 1988 (as amended). There are 2 different types of possession proceedings that can be taken, those that rely on discretionary grounds and those that rely on a mandatory (absolute) ground.

Discretionary Grounds – In granting possession the Court must be satisfied that the ground for possession has been established and it is reasonable to make the order. The grounds we can rely on in respect of anti-social behaviour are as follows:

• Any obligation of the tenancy has been broken
• The tenant or anyone living in or visiting the property has been:
• guilty of behaviour causing or likely to cause nuisance or annoyance to anyone living in, visiting, or carrying out a lawful activity in the locality and/or
• guilty of behaviour causing or likely to cause a nuisance or annoyance to the landlord, or a person employed (whether or not by the landlord) in connection with the landlord’s housing management functions and/or
• convicted of using the premises or allowing it to be used for immoral or illegal purposes and/or
• convicted of an indictable offence committed in the locality
• The tenant or an adult residing in the dwelling-house has been convicted of an indictable offence which took place during, and at the scene of, a riot in the United Kingdom
• One partner of a married/civil partnership/cohabiting couple must have left because of violence or threats of violence from the other partner towards her/him, or a member of her/his family living with her/him, and the partner who has left must be unlikely to return. The violence must have been a cause of the partner leaving.

Mandatory Ground – We will follow Part 3 of the Pre-Action Protocol for Possession Claims by Social Landlords before issuing any proceedings on mandatory grounds. In granting possession, the Court only needs to be satisfied that the ground for possession has been established. Any of the following 5 conditions can apply:

• the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a serious criminal offence, committed in a relevant place or against a relevant person
• that a court has found that the tenant, or a person residing in or visiting the dwelling-house, has breached a provision of an injunction
• the tenant, or a person residing in or visiting the dwelling-house, has been convicted of a breach of a criminal behaviour order
• the dwelling-house is or has been subject to a closure order for a continuous period of more than 48 hours
• the tenant, or a person residing in or visiting the dwelling-house, has been convicted of breaching an abatement notice or court order to abate statutory nuisance due to noise.

Victims of persistent anti-social behaviour, who don’t think they have had a satisfactory response to their reports of ASB, have the right to ask for a multi-agency review of their case. Certain thresholds must be met for cases to qualify for ASB case reviews, which are also known as the Community Trigger.

During an ASB case review, agencies will consider the action taken so far and will come together to try to find a solution. Agencies taking part are known as responsible bodies. They include local authorities, the police, NHS Clinical Commissioning Groups in England, and registered providers of social housing (mostly housing associations).

The review body (normally your local authority) must keep applicants informed of the progress of the case, including:

• the decision on whether the threshold is met for the review to go ahead;
• the result of the review; and,
• any recommendations made as a result of the review.

Details of the ASB case review and how to request a review are published on each local authority’s website.

Complainants can contact us direct if they wish to invoke an ASB case review and require more information. Details are also provided on our website at www.jigsawhomes.org.uk/information-article/dealing-with-anti-social-behaviour/

The health and Safety of our residents is of paramount importance, and we will seek to keep our residents safe, if they choose to make a report of ASB. If threats of violence or actual violence are committed, we will consider the use of Civil Injunctions, including those with a power of arrest attached, contact the Police for support and offer target hardening to secure the home where appropriate.

Jigsaw Homes Group will monitor the effectiveness of its anti-social behaviour service through customer satisfaction. The Group has set a Key Performance Indicator of achieving at least 80% satisfaction in the way the case has been handled each quarter. Any dissatisfaction with our service will be reviewed by managers and where appropriate improvements will be made to service delivery.

In 2022/23 we dealt with 4,064 ASB cases, with a satisfaction rate of 83%.

Here’s what some of our customers had to say:

“I was impressed with how Jigsaw dealt with our case.  We were very pleased and we are very thankful with the way that they solved our case for us.  Thank you.”

“I just wanted to compliment the team on the wonderful service I’ve received from them over a neighbour dispute which is now resolved.”

“The team dealt with my case very well. The issue was resolved and it was dealt with very efficiently.”