Anti-social behaviour

Tackling anti-social behaviour

We have a specialist Anti-social Behaviour Team that deals with all types of anti-social behaviour (ASB) related issues. We work with a wide range of partner agencies including Derbyshire Constabulary and Derby City Council, to address all forms of ASB. 

What is anti-social behaviour? 

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. 

Anti-social behaviour comes in many forms and can include: 

• Verbal abuse or harassment or threats 
• Hate related (harassment based on race, gender, disability status, religion, age or sexual orientation) 
• Vandalism or damage to property 
• Misuse of communal areas 
• Persistent noise nuisance 
• Drug or substance misuse and dealing 
• Alcohol-related behaviour 
• Begging 
• Rowdy behaviour 
• Uncontrolled animals or dangerous dogs (according to the Dangerous Dogs Act 1991) 
• Acts directed at people (harassment, intimidation, abuse, threats, phone calls, hate incidents) 
• Physical violence (other than violence related to domestic abuse, see below) 
• Hate related antisocial behaviour 
• Other nuisance behaviour 

What is not classed as anti-social behaviour 

Crimestoppers have stated the following behaviours are not officially classed as anti-social: 

• Parking (including badly parked vehicles). 
• Children playing. 
• Neighbours doing DIY (at reasonable times of the day). 
• Groups of people in the street or in parks, unless they are being rowdy, abusive, causing damage or committing other crimes. 
• Noise caused by everyday living. 
• Religious or cultural practice. 
• A one-off party. 

Report anti-social behaviour 

When to contact us

We deal with complaints of anti-social behaviour from or against tenants living in the properties we manage.  

Report anti-social behaviour

The action we can take against residents that do not live in the properties we manage is limited; however we will work with other agencies to ensure that the behaviour is addressed. 

When to Contact Derby City Council 

If both the complainant and perpetrator of anti-social behaviour do not live in a property we manage,  you should report it to Derby City Council.

You can find further information on how Derby City Council tackle ASB and what they provide for the community on Derby City Council’s website. 

When to contact the Police 

If you need to report a crime, you should report this to the police.  

• Report an emergency – Call 999 
• Report a non-urgent crime – Call 101, or report online. 

Domestic abuse 

Domestic abuse is often covered under policies on anti-social behaviour, but we deal with it as a separate issue outside our anti-social behaviour process.  
 
Find out more information on what to do if you’re experiencing domestic abuse and what help is available - Domestic abuse - Derby Homes

Neighbour disputes 

Your neighbours and other people in your community all live differently. Sometimes you may find their behaviour disruptive. This is not always anti-social.  

Having a conversation with your neighbour is often all that you need to do to resolve a dispute. If this is not possible or something you don’t feel comfortable doing, speak to us, we may be able to do this on your behalf. 

Next steps

When you report anti-social behaviour to us, we will keep you updated every step of the way. 

Initial response 

One working day - We will respond within one working day where someone may be in danger and urgent action is required to protect them. Some examples include: 

• Harassment / intimidation / threatening behaviour  
• Physical violence 
• Hate crime

Five working days – We will respond with five working days to all other reports. 

We will contact you to discuss the case and explain what we can do to help. The action we will take will depend on the type of problem.  

Follow up 

During our initial conversation with you, we’ll agree an action plan and how you will be kept informed during the process. 

Resolving the case 

We will close your case: 

• Once we are satisfied the action we have taken has resolved any issues with anti-social behaviour and agreed the closure of the case with you.  

Or 

• If there is not enough evidence to take action against the alleged perpetrator. 

We will always contact you to let you know the outcome of your case. 

Issues dealt with outside of our anti-social behaviour process 

There are some things that may seem like anti-social behaviour that we deal with outside of our anti-social behaviour procedure. These include: 

• Bonfires or the burning of waste 
• Dog fouling or roaming dogs 
• Other pet nuisance 
• Overgrown or verminous gardens 
• Fly tipping 
• Graffiti 
• Parking disputes 

You can report these using our general webform. 

Taking action

Our focus is on early intervention. Most cases can be resolved without the need for any formal or legal action. This includes things like: 

• Warnings 
• Mediation - Derby Homes has a team of trained and accredited staff with a Mediator Skills Level 3 Qualification, as recognises that Mediation is a valuable tool for both ASB and non ASB issues. This was delivered through Smile’s Mediation Skills Training and is approved by the College of Mediators. 
• Noise monitoring 
• CCTV 
• Parenting Contracts 
• Acceptable behaviour contracts 
• Family intervention tenancies 
• Good Neighbour Agreements 
• Referrals into Derby Homes Tenancy Sustainability Services 
• Referrals to partner agencies for a variety of reasons- i.e., Diversionary Activities / Mentoring programmes etc. (These will vary from time to time)   

In some cases, we may need to take more formal action such as: 

• Noise abatement Notices 
• Community Protection Warnings & Community Protection Notices 
• Injunctions 
• Criminal Behaviour Orders (led by the police) 
• Closure Orders  
• Suspension of Right to Buy 
• Extension of Introductory Tenancies 
• Demotion Orders 
• Family Intervention Tenancies 

If all other options have not resolved the issue, we may consider applying to the court for a Possession Order to end a tenancy.

Noise nuisance

Noise Nuisance is the main area of conflict between neighbours, particularly those living in flats. certain amount of noise is to be expected, but neighbours should not have to suffer from serious noise nuisance. 

If you have a problem with noise from your neighbours please talk to the person who is causing the noise. This is the best way of resolving problems and sometimes your neighbour may not realise their noise is bothering you. 

If speaking to your neighbours does not resolve things, or you don't feel comfortable speaking to them you can report it to us using our anti-social behaviour web form. You can then use the Noise App to gather evidence.

The Noise App

We use The Noise App to support our management of reported noise complaints.

The app lets you record a noise nuisance every time there is a problem. This helps us to better tackle the issue, particularly if we need the evidence to go to court, but it is also very useful to help us show people the impact they have on their neighbours. This is normally all we need to do to address the problem. The app lets you record problems as they happen instead of using diary sheets or some other way of logging them. We can then look at the records you have made without you having to send them to us by accessing a secure website.

IMPORTANT: Before you use the App

Any use of The Noise App needs to be in conjunction with a current, 'open' noise nuisance case that has been reported to Derby Homes and is being investigated.

We are unable to use any recordings you submit if you do not have a current noise complaint with us.

Report noise nuisance

Download the app

Once you’ve reported noise nuisance to us, we will send you an invite link to download the Noise App.  

Register

• Open the app and click on Create an Account.
• Fill in the details and select: Derby Homes.
• Agree to the terms of service and click Create Account.
• An email will be sent to your email address asking you to confirm your account.
• Once your account has been confirmed log in to the app on your phone.
• This will prompt you to enter your address and complete the registration process.
• Once your account has been confirmed you can then begin submitting recordings.

Submitting a noise recording

1. Record - After logging in for the first time you will be prompted to make a recording. To start recording press and hold the microphone icon button at the bottom of the screen. You don’t have to record the whole event, just a representative snapshot of the noise as it is happening. You can record up to 30 seconds and if you need to, you can make several recordings each one 30 seconds.

Whilst recording you will see a wave form along with a timer that moves across the screen.

When you remove your finger or thumb the app stops recording. You can then accept, reject or playback the recording.Once accepted, you will then be prompted to provide more general information about the noise you are experiencing.

1. Select the source - First, what type of noise is it? Scroll and choose a source from the list provided
2. Select the location - Next, where did you record the noise? Choose an area of your property from the list provided and move to the next screen.
3. Intensity and commentary - You are then asked to rate the noise in terms of how loud you consider it is. Underneath you may add a comment as to how the noise is affecting you, for example, you might state “the noise woke me up and is preventing me from getting back to sleep”. This information about how the noise affects you is very important so please try to add as much information as possible.
4. Address - Lastly, enter the address of the noise source. Please ensure you check the address is correct if you use the Google maps GPS function.
5. Confirmation - If you are happy with the information presented on the confirmation screen press the 'send report button'. Your recording will then be placed into your diary. This may then be reviewed by your service provider.
6. Report Sent - You’ll receive a confirmation message saying that your entry has been sent.
7. Noise Diary - Your first entry will populate your noise diary and will appear at the top of the screen with all your previous recordings listed below.

The symbols on the left change colour according to whether your entry has been reviewed by your us or not.

Your Noise Diary

When you next log on you will be taken to your noise diary. Continue to make recordings and entries for as long as the problem continues.

Select any entry in the diary and you will access two screens: 'detail' and 'activity'. You can switch between the detail and activity screens using the tabs at the top. The detail screen (on the left) provides a summary of the information relating to the particular diary entry you selected. In the activity screen you will see a summary of activity related to that entry by you and the investigating officer.

You can also add text using the comments box at the bottom. This is useful for adding additional information after the event, for example, how long the noise continued for.

Complaints of cannabis

Growing, dealing and using cannabis 

We often get reports of cannabis smells causing nuisance and annoyance to neighbours or people living close by. 

Cannabis is illegal. It is a Class B drug. If you suspect a neighbour is growing or dealing cannabis at their address, you should report it to Derbyshire Constabulary. We cannot take legal action against anyone using illegal cannabis unless they are convicted of using, possessing, or intending to supply it.

You can report a crime online, by calling 101, or anonymously through Crimestoppers on 0800 555111.

If you have concerns that a neighbour is smoking cannabis in their property, or in a communal area, and you are directly affected, you can also report this to us.

We work closely with the Police on these types of cases to secure a criminal prosecution, and may take additional action in respect of any breach of tenancy.

Action we will take

Although we are limited in what action we can take against cannabis users, we will still act on reports of tenants using cannabis where the smell is affecting residents. 

We will:

• Issue a warning to the perpetrator.
• Conduct a series of unannounced visits to the property - We may be accompanied by Derbyshire Constabulary or Derby City Council representatives during these visits.
• Act as a professional witness if we see evidence of cannabis smoking at the property.

Where there are persistent reports of cannabis use, we will work with Derbyshire Constabulary to consider further action against the perpetrator. If they receive a criminal conviction for the use of and possessing /dealing Cannabis, we will consider further action against their tenancy. 

Cannabidiol

Using Cannabidiol (CBD) is not illegal and can be purchased legally in shops and be smoked or vaped. 

Cannabis - Safeguarding children and vulnerable adults

If we know that children or vulnerable adults live in a property where we have concerns or suspect the growing or dealing, or smoking of cannabis, we will report this to Derby City Council's Social Care teams and other relevant partners.

Victim Services

Our Anti-social Behaviour Officers will provide ongoing support while your case is open. If you require additional support, Derbyshire Victim Services can offer a range of support and advice.

Who are Derbyshire Victim Services ?

DVS are commissioned by the Police & Crime Commissioner for Derbyshire. They provide a range of support which includes having someone to talk to, help to access other services and help to submit a criminal injury compensation claim. 

How to get support

We can make referrals directly. We will discuss this with you and make a referral if you feel that this is something that you would like. If we refer you, we will maintain strong links with officers from Derbyshire Victim Services as your case progresses.

You are also able to self-refer into this service through their website.

Anti-Social Behaviour Case Review

Responding to, and tackling, anti-social behaviour is a priority for all community safety partners in Derbyshire. We are part of Derby City Community Safety Partnership, which is made up of a number of organisations brought together to bring those causing anti-social behaviour to justice and to provide support for those affected by it.

We always strive to provide a high level of service, but recognise that there may be times when, we don’t get it quite right and you may feel a further review is needed. This is where the Anti-Social Behaviour Case Review comes in.

What is the Anti-Social Behaviour Case Review?

The Anti-Social Behaviour Case Review gives you the right to request a review of your anti-social behaviour case, if your concerns have not been dealt with, or acted upon, and organisations have been unable to resolve the serious persistent, or targeted, anti-social behaviour successfully.

If you haven’t already reported the anti-social behaviour, you should report it to the appropriate organisation. For more information, see the how to report anti-social behaviour tool on the Safer Derbyshire website, or report it to us using our webform: Report Anti-Social Behaviour.

The aim of the Anti-Social Behaviour Case Review is to see whether anything else can be done and possibly find solutions that may not have been considered before.

In Derbyshire, the Anti-Social Behaviour Case Review process is managed by the local council on behalf of the other organisations that will be involved in the review, such as the police, local health teams and housing providers.

When can I use the Anti-Social Behaviour Case Review?

You can use the Anti-Social Behaviour Case Review if you have reported three or more related incidents of anti-social behaviour, within the last six months. 

You can apply for the Anti-Social Behaviour Case Review on behalf of someone else, but you must provide their consent, with the application form.

A detailed explanation of the threshold for the Anti-Social Behaviour Case Review is contained within the guidance notes for the application form.

When should the Anti-Social Behaviour Case Review not be used?

If you haven’t already reported the anti-social behaviour, you should first report it to the appropriate organisation. For more information, see the how to report anti-social behaviour tool on the Safer Derbyshire website, or report it to us using our webform: Report Anti-Social Behaviour.

The Anti-Social Behaviour Case Review is not intended to be an alternative to our complaints procedure, which is designed to deal with complaints about individual officers, or services.

The complaints procedure is appropriate for concerns such as:

• if staff has been rude or disrespectful to you
• if staff have given inaccurate or misleading information
• if staff have promised things, such as telephone calls or meetings, and have not delivered on these
• if the organisation has failed to follow their policy and/or procedure.

 If you have followed the relevant organisation's complaints procedure and you are still dissatisfied, you will be given information about the Housing Ombudsman Service.

How do I use the Anti-Social Behaviour Case Review?

To request an Anti-Social Behaviour Case Review, complete the application form on Derby City Council's website.

You can request a hardcopy of the Anti-Social Behaviour Case Review Application Form or get help completing it by contacting the Council using the details on the council’s webpage.

What happens when I submit a Anti-Social Behaviour Case Review Application Form?

Derby City Council will confirm receipt of a completed Anti-Social Behaviour Case Review Application Form, within five working days. 

They will review the information you have provided to determine whether your application meets the case review threshold.

If it does, an Anti-Social Behaviour Case Review will take place. This will involve agencies sharing information, such as with the police, housing, environmental health, social care and health providers, depending on the nature of the case. The Anti-Social Behaviour Case Review will discuss the issues you raise, consider what action has already been taken and consider recommendations for additional action to resolve the problem. The council will inform you of the outcome and recommendations of the Anti-Social Behaviour Case Review.

If you are not satisfied with the outcome of the Anti-Social Behaviour Case Review, you can lodge an appeal with the Office of the Police and Crime Commissioner for Derbyshire.  For more information go to the Office of the Police and Crime Commissioner for Derbyshire.

As part of Derby City Community Safety Partnership, we welcome the opportunity to review cases of anti-social behaviour, but the council may reject case review applications if they are thought to be prejudicial, discriminatory, malicious, unreasonable, or vexatious.