It has been widely publicised in the news and social media that anti-social behaviour (ASB) cases are likely to rise during the lockdown period as tensions build within communities and tolerances are pushed to the limit. We simply cannot take a ‘business as usual’ approach as the landscape has fundamentally changed. What does this mean for registered providers (RPs) who still have obligations in tackling ASB in accordance with policy, procedures and indeed regulation?

Should RPs be rewriting their ASB policies and procedures?

No. The ASB policies and procedures form part of the organisation’s approach in dealing with ASB and the principles shouldn’t change. However, it is worth reviewing the existing policy and procedures and creating a temporary document to accompany them which provides extra guidance to staff and tenants in relation to managing risk and expectations into how ASB can be managed during this unprecedented time. The reality is that housing and ASB officers will no longer be able to carry out visits in person unless in exceptional circumstances. Regular visits and interviewing complainants and perpetrators of ASB is a staple part of managing a case, but this simply is not an option at this moment in time.

What types of ASB should RPs be accepting/dealing with?

ASB is subjective and will require professional judgement and a risk based approach to making decisions. This is nothing new; however it’s likely that RPs will now be taking a reactive approach to ASB instead of a proactive one. The most important factor in deciding whether a case should be opened is how the behaviour impacts upon the individual, household or community. The risk is that some RPs may decide to not deal with what might be perceived as a low risk case such as ‘noise nuisance’, however it’s important to recognise that this can sometimes be the tip of the iceberg, and will require more attention.

Prior to the outbreak, most RPs understood that nipping things in the bud before they escalated would mean that they reduce risk, build confidence and end up with less legal action to take. However, much of the focus in the current situation will be on ensuring that vulnerable residents are safe and secure, and that compliance of the law and regulatory obligations are catered for. It’s advisable that RPs give advice on their website and communications with residents that normal ASB services are expected to be different. They should encourage residents to think about their behaviour and the impact it may have on others as well as being more tolerant of other people’s behaviour as we all need to pull together in this time of crisis.

Some practical things to think about…

The basic case management processes should still be followed such as regular contact, recording information, risk assessing, building a chronology etc. However there will be some limitations in your options such as visiting residents, requesting signatures in person, mediation, witnessing ASB first hand. This does not mean that evidence cannot be gathered and in fact many RPs are very equipped to deal with these issues in a more agile way.

Using WhatsApp, Zoom, FaceTime and many other mobile platforms is a great way to keep in touch with your residents and gather evidence. It might feel a little uncomfortable to interview a complainant of ASB or indeed the other party via a Skype or WhatsApp call, however it can be very effective and highlights the efforts that you are going to in order to resolve complaints of ASB.

Some RPs will already be offering residents the use of the ‘The Noise App’ which is an easy way for residents to record noise complaints, log how it affects them and send it directly to their landlord. This avoids the need for any monitoring equipment to be installed in a property, thus complying with the Government’s social distancing policy. There is a vast array of options still available and it’s important for housing and ASB officers to keep an open mind.

How can Capsticks help?

Our housing management team of specialist lawyers are working alongside our housing advisory service to continue to help you deal with your cases swiftly and effectively and to ensure that we are right beside our clients every step of the way.

We are recognised nationally for our work on tackling ASB and have influenced government legislation, partner agencies and the housing sector. We are experts on all areas of Housing management and operate nationally, carrying out large scale training programmes, service reviews and health checks, advising on a full range of topics such as hoarding, safeguarding and tenancy fraud.  

If you have any queries around what is discussed in this article, or the steps that you can take in any given case, please do not hesitate to speak to Chris Grose, or any of your contacts at Capsticks, about how we can help.