Agenda Item No

The Vale of Glamorgan Council

Scrutiny Committee (Housing and Public Protection) 14th January 2009

Director of Legal, Public Protection & Housing Services

Tackling Anti-Social Behaviour (ASB) on Council Housing Estates

Purpose of the Report

1.             To apprise members of the review of the Councils Housing Management ASB Policy.

Recommendations

That Scrutiny considers the attached draft Anti-Social Behaviour policy and refers the Policy to cabinet for approval. 

Reasons for the Recommendations

To ensure that all views are considered in the development of the ASB Policy.

Background

2.             The Anti-Social Behaviour Act 2003 requires that every social landlord prepares i) A policy in relation to ASB and ii) procedures for dealing with occurrences of ASB.

3.             It also provides that the Policy should be kept under review and where appropriate publishes a revised statement.

4.             Landlords must also publish a summary of the Policies and Procedures.

5.             In preparing and reviewing its Policy the Local Authority should have regard to any relevant case law or guidance issued.

6.             The current Statement, Anti-Social Behaviour Policy and Summary were adopted in 2003.  There has been additional guidance issued to Local Authority Housing Departments since 2003 which the Council needs to make reference to in its reviewed policy.

Relevant Issues and Options

7.             The ASB Policy is designed to contribute to a member of the Councils other objectives and the issues often cross-cut a number of Council departments.  The emphasis of the Policy is in collaborative working to resolve issues at an early informal stage.

8.             Both WAG and Central Government have latterly issued guidance to Local Authorities and other partners outlining what issues on ASB Policy should address.

9.             The ASB Policy Procedure needs to assure that it is compatible with existing legislation including Race Relationships Act 1976 - 2000, Children Act 1989, Disability Discrimination Act 1998, Local Government Act 2000 and the Homelessness Act 2002.

10.        The Council commissioned Simon Inkson Associates to undertake a review of a number of key policies in summer of 2008.  The ASB policy was one of these key areas. As part of this project the Safer Vale Partnership and the Public Protection department were consulted.

11.        The review has culminated in the development of the attached draft ASB policy.  Appendix 1 and the department will now consult with tenants via the Councils 'Tenants Panel'. It is envisaged that the Policy will be implemented in April 2009.

12.        In November 2008 the WAG issued "The Wales Housing Management Standard for Tackling Anti-Social Behaviour" which includes a voluntary standard which Social Landlords can consider signing up to.

13.        The Authority must be able to evidence compliance with or working towards seven commitments in order to sign up to the standard, these are listed on pages 14-22 of The Wales Housing Management Standard for tackling Anti-Social Behaviour guidance. Due to the size of the document the standard has been placed in the members room for further scrutiny. 

14.        The new policy is compatible with the standard and is supportive of a number of other new Housing Department Policies; of particular note are the Homes4U Allocation Policy, Voids Policy, the Tenant Engagement Policy and the Supporting People Operational Plan.

Resource Implications (Financial and Employment)

15.        This review is resourced from existing budgets.

Legal Implications (to Include Human Rights Implications)

16.        The production and review of an Anti-Social Behaviour Policy and summary is a legal requirement of the WAG.

Crime and Disorder Implications

17.        Effectively dealing with Anti-Social Behaviour contributes to a reduction in Crime and Disorder.

Equal Opportunities Implications (to include Welsh Language issues)

18.        The ASB Policy must comply with the following legislation.

The Race Relations Act 1976 and 2000

Children Act 1989

Disability Discrimination Act 1995, 2006

The Crime & Disorder Act 1998

Local Government Act 2000

The Homelessness Act 2002

The Human Rights Act 1998

Corporate/Service Objectives

19.        This report is consistent with the following corporate & service objectives of the Council

Community Well Being

To make the Vale a safe and healthy place in which individuals, children and families can

live their lives to the full

Policy Framework and Budget

20.        This report is to inform Scrutiny Committee (Housing and Public Protection)

Consultation (including Ward Member Consultation)

21.        The Housing Department is required to consult with tenants on any material changes to its policies.

22.        The Housing Department will need to consult with partners/agencies with which this policy cross-cuts.

Relevant Scrutiny Committee

23.        Scrutiny Committee (Housing and Public Protection)

Background Papers

·               The ASB Policy Statement

·               The Wales Housing Management Standard on tackling Anti-Social Behaviour

Contact Officer

Mike Ingram, Operational Manager, Public Sector Housing

Officers Consulted

Alun Billinghurst, Head of Public Protection 

Amy Forsyth, Anti-Social Behaviour Co-ordinator

Responsible Officer:

Peter Evans, Director of Legal, Public Protection and Housing Services