What is anti-social behaviour?

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 – from litter and vandalism, to public drunkenness or aggressive dogs, to noisy or abusive neighbours.

The Anti-Social Behaviour, Crime and Policing Act 2014 was introduced to streamline the existing tools and powers available to deal with anti-social behaviour. 

Such a wide range of behaviours means that responsibility for dealing with anti-social behaviour is shared between a number of agencies, particularly the police, councils and social landlords.

The Anti-Social Behaviour and Crime Act 2014 defines anti-social behaviour as the following:

• 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, or
• Conduct capable of causing housing-related nuisance or annoyance to any person

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
• Domestic violence or abuse
• 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

Your responsibility

You are responsible for your behaviour at all times, in your home and your neighbourhood. You are also responsible for the behaviour of your family, other people living in your home and anyone visiting your home.

You are breaking your tenancy conditions if you cause a nuisance to your neighbours, or other people living in your neighbourhood. We ask you not to cause any kind of nuisance to others and to let us know if someone in your neighbourhood is causing a nuisance.

We aim to prevent anti-social behaviour and we rely on you to help us.

Our tenancy agreement explains what your responsibilities are at your property and the expected behaviour.

What anti-social behaviour isn’t

Anti-social behaviour can ruin people's lives and devastate their communities.

There is a fine line between anti-social behaviour and neighbour disputes, which can often begin over relatively minor inconveniences such as parking.

However, if they persist, they can potentially become anti-social behaviour.

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

Issues not classed as anti-social behaviour

There are some things we don't deal with, but other agencies such as the local council and the police do.

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.

Housing and estate management issues

Our Housing and Estate Management Teams regularly inspect local areas and can work with you to resolve any of the following issues. We do not deal with these as part of our anti-social behaviour procedure.

• Bonfires or the burning of waste
• Dog fouling or roaming dogs
• Other pet nuisance
• Over grown or verminous gardens

Domestic abuse

Domestic abuse is often covered under policies on anti-social behaviour, but we choose to deal with it as a completely separate issue. Domestic Abuse is unacceptable and will not be tolerated. It often has consequences for the housing situation of those affected. Victims and survivors will frequently turn to their landlords for help.

We have clear guidance on how to report domestic abuse and how we deal with it in our section on domestic abuse.

Anti-social behaviour can threaten the physical or mental health, safety or security of individuals, groups and communities and, as a result, undermines people’s human rights.

Derby Homes can help you if you have a problem with your neighbours, are suffering from anti-social behaviour or more serious issues such as hate crime incidents. We will respond to all reports of anti-social behaviour within five working days and we will respond to emergencies on the same day.

Complaints of cannabis

Growing or dealing cannabis

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.

You can also report the growing or dealing of cannabis to Derby Homes.

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.

Smoking cannabis

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

The possession of cannabis is illegal, however the Police response will depend on a variety of factors. If you have concerns or suspect that your neighbour is smoking cannabis at their address, you should still report this to the police.

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

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

Derby Homes Anti-Social Behaviour Service recognise that our tenants being affected by ASB may require additional support depending on the circumstances of the issues that any particular tenant is experiencing.

Whilst ongoing support is provided by the ASB Officer assigned to your particular case we also recognise that sometime additional support is required for victims.

We are able to make referrals directly into Derbyshire Victim Services (DVS).

DVS are commissioned by the Police & Crime commissioners Officer to provide a range of support services across Derbyshire.

Your Anti-Social Behaviour Officer will discuss this with you at the appropriate time and can make the necessary referral if you feel that this is something that you would like.

For victims whom take up this service Derby Homes ASB Officers maintain strong links with officers from Derbyshire Victim Services as the case progress’s.

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